Joseph Grbavac arrived in New Zealand as a teenager in 1938, emigrating with his family from Dalmatia. Like many in west Auckland’s Croatian community he prospered, dying aged 94 with assets valued at some $10.5 million. His actions when amending a 2004 will prior to death led to two weeks of evidence in the High Court; the amendment was ruled invalid, Joseph did not understand what he signed.
Married with no children, Joseph named close relatives as beneficiaries of his estate. The most valuable assets were commercial properties together with rural land in west Auckland including Sunnyview Orchard at Huapai. Joseph died in 2015. His last will, dated 2004, left his estate to a sister, nieces, nephews and a grandnephew. This will was not challenged in court. What was challenged was a 2013 codicil, amending the 2004 will, cutting out as residuary beneficiaries two nieces and a grandnephew; for one niece and the grandnephew this was a loss of $1.06 million each.
The central legal issue was Joseph’s testamentary capacity at the time he signed the 2013 codicil. Evidence was given that he was then under palliative care for end stage renal failure. Some relatives gave evidence that while frail, Joseph was alert to what he was doing. Others said he had lost interest in life, at times muddled and confused. Lawyers had spent several years drafting and redrafting changes to his will. Nothing was signed; lawyers felt Joseph was just going around in circles, unable to make up his mind. They did not keep detailed notes of reasons for proposed changes. At one stage his lawyer rang Joseph’s family doctor asking generally about their mutual client’s mental competency given the various drastic changes being mooted for a new will. The doctor did not keep any detailed file notes either. Lawyers acting for Joseph were unaware when he signed a 2013 codicil put in front of him that he had cataracts and was unable to properly read the contents.
Justice Duffy ruled the 2013 amendment invalid.
Re Estate Joseph Grbavac – High Court (6.08.20)
20.134