ESTATE OF BUTLER [2013] NZHC 1554

ESTATE OF BUTLER [2013] NZHC 1554

The letter dated 25 August 2011 was declared a valid codicil because it had clear testamentary effect, was signed by the deceased, the circumstances (including solicitor inability to attend) explain non‑compliance with formalities, and evidence established the deceased's intention and testamentary capacity to the civil standard required by s14 Wills Act 2007.

Citation
[2013] NZHC 1554
Parties
Deceased: Margaret (Peggy) Butler; Applicant Executor and Trustee: Thelma Hopkins; Co Executor, Trustee and Solicitor: David Snedden
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2013
Procedural Posture
Application Under S14 Wills Act 2007 (codicil Validation) / Judgment on Application (first Notified Call; Decided on Papers)
Outcome
Order granting declaration that the letter dated 25 August 2011 is a valid codicil to the will of Margaret Butler dated 23 October 2004 (as amended by codicil dated 1 December 2006).
Legal Topics
Codicil Validation, Testamentary Capacity, Formalities and Dispensation Under S14 Wills Act 2007, Notice to Beneficiaries, Procedure for S14 Applications
Wills and Succession Probate Equity Codicil Validation Testamentary Capacity Formalities and Dispensation Under S14 Wills Act 2007 Notice to Beneficiaries Procedure for S14 Applications

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Parties

Margaret (Peggy) Butler

Deceased

Thelma Hopkins

Applicant Executor and Trustee

David Snedden

Co Executor, Trustee and Solicitor

Procedural Posture

Application Under S14 Wills Act 2007 (codicil Validation) / Judgment on Application (first Notified Call; Decided on Papers)

Legal Issues

  1. 1 Whether the letter dated 25 August 2011 has testamentary effect
  2. 2 Whether the court may validate the letter as a codicil despite non‑compliance with formalities under s14 Wills Act 2007
  3. 3 Whether Margaret Butler had testamentary capacity when she signed the letter

Ratio Decidendi

The letter dated 25 August 2011 was declared a valid codicil because it had clear testamentary effect, was signed by the deceased, the circumstances (including solicitor inability to attend) explain non‑compliance with formalities, and evidence established the deceased's intention and testamentary capacity to the civil standard required by s14 Wills Act 2007.

Court Disposition

Order granting declaration that the letter dated 25 August 2011 is a valid codicil to the will of Margaret Butler dated 23 October 2004 (as amended by codicil dated 1 December 2006).

Orders

  • Declare the letter dated 25 August 2011 to David Snedden a valid second codicil to the will dated 23 October 2004 (and codicil dated 1 December 2006) of Margaret (Peggy) Butler