ESTATE OF BRUCE CHARLES TAYLOR [2019] NZHC 2305

ESTATE OF BRUCE CHARLES TAYLOR [2019] NZHC 2305

The Court was satisfied on the evidence (instructions to counsel, email confirmation, draft will, handwritten amendments to prior will, beneficiary consents and small estate value) that the undated draft (Exhibit B) reflected the deceased's testamentary intentions and therefore, pursuant to s 14 Wills Act 2007, the document should be declared valid as the deceased's last will.

Citation
[2019] NZHC 2305
Parties
Applicant (spouse of Deceased): Applicant; Deceased: Bruce Charles Taylor; Prospective Beneficiary (child): Blair Taylor; Prospective Beneficiary (child): Jordan Taylor; Prospective Beneficiary (child): Erin Farr
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 September 2019
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) / Originating Application Determined on the Papers; Judgment Granting Orders
Outcome
Application granted.
Legal Topics
Validation of Informal/unexecuted Will, Section 14 Wills Act 2007, Testamentary Intention, Consent of Beneficiaries, Procedure Without Notice
Wills and Succession Probate Estate Law Validation of Informal/unexecuted Will Section 14 Wills Act 2007 Testamentary Intention Consent of Beneficiaries Procedure Without Notice

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Parties

Applicant

Applicant (spouse of Deceased)

Bruce Charles Taylor

Deceased

Blair Taylor

Prospective Beneficiary (child)

Jordan Taylor

Prospective Beneficiary (child)

Erin Farr

Prospective Beneficiary (child)

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) / Originating Application Determined on the Papers; Judgment Granting Orders

Legal Issues

  1. 1 Whether an unexecuted/undated document expresses the deceased's testamentary intentions such that the High Court may declare it valid under s 14 Wills Act 2007
  2. 2 Whether the application could proceed without notice to other parties
  3. 3 Whether the evidence (draft will, contemporaneous communications, handwritten amendments to prior will, beneficiary consents, small estate value) supported recognition of the draft will

Ratio Decidendi

The Court was satisfied on the evidence (instructions to counsel, email confirmation, draft will, handwritten amendments to prior will, beneficiary consents and small estate value) that the undated draft (Exhibit B) reflected the deceased's testamentary intentions and therefore, pursuant to s 14 Wills Act 2007, the document should be declared valid as the deceased's last will.

Court Disposition

Application granted.

Orders

  • Leave to proceed without notice under r 7.23 High Court Rules 2016 is granted.
  • The undated document exhibited as Exhibit B to the applicant's affidavit is declared valid as the last will of Bruce Charles Taylor.