Estate of R A Clayton [2014] NZHC 680

Estate of R A Clayton [2014] NZHC 680

On the affidavits the 2014 document appeared to be a will, was made in New Zealand, and expressed the deceased's testamentary intentions despite not being executed in accordance with s11; accordingly leave under r19.5 was granted and a declaration under s14 was made that the 2014 document is a valid will.

Citation
[2014] NZHC 680
Parties
Deceased: Rosemary Ann Clayton; Applicant; Proposed Executor; Solicitor Who Prepared Document: Paul Martin Maskell; Applicant; Proposed Executor; Spouse: Dennis John Clayton; Interested Beneficiary; Daughter; Supporter of Application: Angela Allwood
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 April 2014
Procedural Posture
Application Under S14 Wills Act 2007 for Declaration That Informal Will Is Valid / Heard on the Papers; Leave Granted; Judgment Declaring Document Valid
Outcome
Leave granted under r19.5 High Court Rules; declaration made under s14 Wills Act 2007 that the 2014 document is a valid will
Legal Topics
Validation of Informal Will, Section 14 Wills Act 2007, Execution Formalities (s11), Testamentary Intention, High Court Rules R19.5 Leave to Commence by Originating Application
Wills and Estates Succession Law Civil Procedure Evidence Validation of Informal Will Section 14 Wills Act 2007 Execution Formalities (s11) Testamentary Intention +1 more

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Parties

Rosemary Ann Clayton

Deceased

Paul Martin Maskell

Applicant; Proposed Executor; Solicitor Who Prepared Document

Dennis John Clayton

Applicant; Proposed Executor; Spouse

Angela Allwood

Interested Beneficiary; Daughter; Supporter of Application

Procedural Posture

Application Under S14 Wills Act 2007 for Declaration That Informal Will Is Valid / Heard on the Papers; Leave Granted; Judgment Declaring Document Valid

Legal Issues

  1. 1 Whether the 2014 document constitutes a will
  2. 2 Whether the document complies with s11 execution formalities
  3. 3 Whether the Court may declare the document valid under s14 Wills Act 2007

Ratio Decidendi

On the affidavits the 2014 document appeared to be a will, was made in New Zealand, and expressed the deceased's testamentary intentions despite not being executed in accordance with s11; accordingly leave under r19.5 was granted and a declaration under s14 was made that the 2014 document is a valid will.

Court Disposition

Leave granted under r19.5 High Court Rules; declaration made under s14 Wills Act 2007 that the 2014 document is a valid will

Orders

  • Leave granted to applicants under r19.5 High Court Rules to bring proceeding by originating application
  • Order under s14 Wills Act 2007 declaring the 2014 document prepared for Rosemary Ann Clayton to be a valid will