YOUNG, v YOUNG [2016] NZHC 1563

YOUNG, v YOUNG [2016] NZHC 1563

The High Court found the evidence (medical affidavit, witness affidavits, and contemporaneous instructions) established that the deceased had testamentary capacity on 30 July 2015 and that his mark on each page was an effective signature because he was physically unable to sign otherwise; accordingly s 11 requirements were met and probate in solemn form was granted.

Citation
[2016] NZHC 1563
Parties
Applicant and Respondent Executor of the Estate of Spencer William Wong: Conrad Lance Young; Applicant and Respondent Executor of the Estate of Spencer William Wong: Stephen Jonathan Rykers; Applicant and Respondent Executor of the Estate of Spencer William Wong: Sandra Dunkley; Applicant and Respondent Executor of the Estate of Spencer William Wong: Deborah Jane Miller; Applicant Executor of the Estate of Spencer William Wong: William Ah Chee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2016
Procedural Posture
Probate Application Grant of Probate in Solemn Form / Originating Application Decided on the Papers
Outcome
Probate granted in solemn form in respect of the will dated 30 July 2015
Legal Topics
Testamentary Capacity, Execution of Wills, Validity of Signature (mark), Wills Act S11 Compliance, Probate in Solemn Form, Service Dispensation
Wills and Probate Succession Civil Procedure Testamentary Capacity Execution of Wills Validity of Signature (mark) Wills Act S11 Compliance Probate in Solemn Form +1 more

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Parties

Conrad Lance Young

Applicant and Respondent Executor of the Estate of Spencer William Wong

Stephen Jonathan Rykers

Applicant and Respondent Executor of the Estate of Spencer William Wong

Sandra Dunkley

Applicant and Respondent Executor of the Estate of Spencer William Wong

Deborah Jane Miller

Applicant and Respondent Executor of the Estate of Spencer William Wong

William Ah Chee

Applicant Executor of the Estate of Spencer William Wong

Procedural Posture

Probate Application Grant of Probate in Solemn Form / Originating Application Decided on the Papers

Legal Issues

  1. 1 Whether the deceased had testamentary capacity on 30 July 2015
  2. 2 Whether a mark made by the deceased constituted a valid signature for execution of the will
  3. 3 Whether the formal requirements of s 11 of the Wills Act 2007 were satisfied

Ratio Decidendi

The High Court found the evidence (medical affidavit, witness affidavits, and contemporaneous instructions) established that the deceased had testamentary capacity on 30 July 2015 and that his mark on each page was an effective signature because he was physically unable to sign otherwise; accordingly s 11 requirements were met and probate in solemn form was granted.

Court Disposition

Probate granted in solemn form in respect of the will dated 30 July 2015

Orders

  • Leave granted to commence this proceeding by way of originating application
  • Service of the proceeding dispensed with