mayfair

 no Guardian Trust has refused me permission to make a will or a marriage contract. I have a will leaving everything to my sister and neice and nephew with the public trust, but the court said they wanted Guardian Trust to draw it up and their charges are more.
I was hoping a politician would champion my cause but they  appear to be reluctant. I doubt that Guardian Trust would approve any legal expenses at this point as they aren't even answering my emails.
Thanks, I have plenty of other options as a computer programmer, that don't include marriage or travel.

--- On Thu, 26/1/12, Anna Skellern <Anna@bergseng.co.nz> wrote:

From: Anna Skellern <Anna@bergseng.co.nz>
Subject: RE:
To: "malcolm baker" <baker.malcolm@xtra.co.nz>
Date: Thursday, 26, January, 2012, 3:30 PM

Hi Malcolm,

I have read through your query and am just not quite clear what you are asking.

Is it that you are wishing to make a will?
Regards

Anna

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Hello,
Re this page:
http://whitechapel..yolasite.com/court280807_3.php

it is a copy of a court ordr made by Judge Summerville and refers to [1]    This is an application under the Protection of Personal and Property Rights Act 1988 in relation to Malcolm Baker.

Accordingly, it iss appropriate for the draft order to be made. I note that it is not in relation to selling his property but just a basic order which looks at the schedule specified in Clause 1(a), (b), (c), (d), (r), (s) and (y).. Accordingly that order is made. There will be a review no later than 28 August 2010.

Can you tell me under the property act

Clause 1(a), (b), (c), (d), (r), (s) and (y).
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM126528.html
Which clauses Clause 1 refers to?
Is it this one?
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM126532.html#DLM126532

 Short Title and commencement

This one?
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM128110.html?search=sw_096be8ed807784c6_Clause+1&p=1&sr=3

And can my member of parliament, since it the the government's responsibility to enforce the statutes of our law, what the legal test for competence to make a will is?
If I cannot appeal to the reason of my member of Parliament, who can appeal to if my property manager refuses to allow it?

http://en.wikipedia.org/wiki/Testamentary_capacity

In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory.


Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his conduct when he executed the will.

The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of:

1. The extent and value of their property
2. The persons who are the natural beneficiaries
3. The disposition he is making
4. How these elements relate to form an orderly plan of distribution of property.^{[1][2][3] [4] [5]}
5.  

Even when a testator are found to have lacked testamentary capacity due to senility, loss of memory due to the aging process, infirmity or insanity, courts will sometimes rule that the testator had a "temporary period of lucidity" or a "lucid moment" at the time of the execution of the testamentary instrument. Such finding will validate a will that would otherwise be denied probate.

A way to forestall a will contest would be to have a self-proving will, in which an affidavit of the witnesses to the will specifically swear or affirm that the will was prepared under the supervision of an attorney.