In re Taigel [2014] NZHC 844

In re Taigel [2014] NZHC 844

The Court validated the solicitor's file note as the deceased's will because, although not executed or in the deceased's handwriting, the file note was sufficiently connected to the deceased by consistent extrinsic evidence (statements to his mother and daughter and his belief a will existed with the firm) such that it expressed his testamentary intentions within the exceptional circumstances permitted by s14 of the Wills Act 2007.

Citation
[2014] NZHC 844
Parties
Applicant (beneficiary): Jodie Leila Taigel; Deceased (testator): Brentdarrel Taigel; Interested Party / De Facto Partner (respondent): Maree Dickson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 April 2014
Procedural Posture
Originating Application Under the Wills Act 2007 / On Papers Seeking Declaration Under S14 (validation of Document as Will)
Outcome
Solicitor's file note dated 13 February 2006 of Martin Montague declared valid as the will of Brentdarrel Taigel pursuant to s14 Wills Act 2007.
Legal Topics
Validation of Document as Will, Section 14 Wills Act 2007, Testamentary Intention, Solicitor's File Note
Wills and Estates Succession Probate Validation of Document as Will Section 14 Wills Act 2007 Testamentary Intention Solicitor's File Note

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Parties

Jodie Leila Taigel

Applicant (beneficiary)

Brentdarrel Taigel

Deceased (testator)

Maree Dickson

Interested Party / De Facto Partner (respondent)

Procedural Posture

Originating Application Under the Wills Act 2007 / On Papers Seeking Declaration Under S14 (validation of Document as Will)

Legal Issues

  1. 1 Whether a solicitor's file note can 'appear to be a will' under s14
  2. 2 Whether the file note was 'made' by the deceased for purposes of s8/s14
  3. 3 Whether extrinsic evidence establishes the deceased's testamentary intention

Ratio Decidendi

The Court validated the solicitor's file note as the deceased's will because, although not executed or in the deceased's handwriting, the file note was sufficiently connected to the deceased by consistent extrinsic evidence (statements to his mother and daughter and his belief a will existed with the firm) such that it expressed his testamentary intentions within the exceptional circumstances permitted by s14 of the Wills Act 2007.

Court Disposition

Solicitor's file note dated 13 February 2006 of Martin Montague declared valid as the will of Brentdarrel Taigel pursuant to s14 Wills Act 2007.

Orders

  • Order declaring the file note of 13 February 2006 to be the valid will of Brentdarrel Taigel
  • Order authorising reasonable costs of the application to be paid out of the estate