ESTATE OF EMMANUEL KOENISMARK REJOUIS HC NEL CIV-2010-442-156

ESTATE OF EMMANUEL KOENISMARK REJOUIS HC NEL CIV-2010-442-156

The 2008 Schedule of Intentions met the statutory definition of a will and, although it did not comply with the s11 witnessing formalities, the evidence established it expressed the deceased's testamentary intentions; accordingly the Court exercised its s14 power to declare the document a valid will.

Citation
openlaw-47240d03_b7dd_44c5_9140_6ca1685cb637.pdf
Parties
Applicant (wife): Emily Ruth Sanson-Rejouis; Deceased: Emmanuel Koenismark Rejouis; Interested Party (sole Surviving Daughter): Alyahna Jola Imani Rejouis
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 June 2010
Procedural Posture
Originating Application Under the Wills Act 2007 / Judgment
Outcome
2008 Schedule of Intentions declared a valid will
Legal Topics
Validation of Informal Will, Testamentary Intentions, Section 14 Wills Act 2007, Attorney/litigation Guardian Representation
Wills and Succession Probate Civil Procedure Validation of Informal Will Testamentary Intentions Section 14 Wills Act 2007 Attorney/litigation Guardian Representation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Emily Ruth Sanson-Rejouis

Applicant (wife)

Emmanuel Koenismark Rejouis

Deceased

Alyahna Jola Imani Rejouis

Interested Party (sole Surviving Daughter)

Procedural Posture

Originating Application Under the Wills Act 2007 / Judgment

Legal Issues

  1. 1 Whether the 2008 Schedule of Intentions expresses the deceased's testamentary intentions
  2. 2 Whether the Court should validate a document that does not comply with s11 witness formalities under s14 Wills Act 2007
  3. 3 Extent to which s40 restricts validation of pre-1 November 2007 wills

Ratio Decidendi

The 2008 Schedule of Intentions met the statutory definition of a will and, although it did not comply with the s11 witnessing formalities, the evidence established it expressed the deceased's testamentary intentions; accordingly the Court exercised its s14 power to declare the document a valid will.

Court Disposition

2008 Schedule of Intentions declared a valid will

Orders

  • Declare the document attached as Exhibit A to the affidavit of Emily Ruth Sanson-Rejouis sworn 7 May 2010 (the 2008 Schedule of Intentions) to be a valid will