Court overturns will of Whangārei man who signed estate over to ex-wife before death

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Photo: Open Justice / Supplied

A terminally ill man with Asperger's signed his meagre possessions over to his ex-wife, whom a judge has found he was incapable of opposing.

Johan de Rooy, known as John to his family, was described as a gentle man, who was deeply religious and completely dependent on his ex-wife.

Months after undergoing surgery for brain cancer and in the process of dying from the disease, De Rooy fired his longtime lawyer by email. He then cut his siblings out of his will and instead bequeathed his modest estate to Alaine Janette Coleman.

The move raised his family's suspicions, so brother Michael challenged the validity of the new will in court.

Now, in a recently released ruling from the High Court at Whangārei, a judge has found that Coleman was the driving force behind the changes to his will and it was obtained by "undue influence".

According to that ruling, De Rooy was the eldest of five siblings, deeply religious and met Coleman at church, before they married in 2006.

In 2005, De Rooy had a full frontal lobe stroke and, by 2009, had been diagnosed with mental health conditions, including Asperger's, Somatoform disorder, as well as Generalised Anxiety and Major Depressive Disorders.

Then, in 2011, De Rooy faced charges for violence against Coleman, which were ultimately dismissed at trial.

However, the