RE: GRIBBEN [2018] NZHC 1109

RE: GRIBBEN [2018] NZHC 1109

The 1 June 2017 document was declared the last will because it plainly expressed Mrs Adams' testamentary intentions, was signed and dated by her in the presence of relatives who confirm her capacity and approval, the deficiencies under s11 were formal not substantive, there was no opposition and no material delay, and therefore validation under s14 was appropriate.

Citation
[2018] NZHC 1109
Parties
Applicant/proposed Executor: Mary Christina Margaret Gribben; Deceased: Mavis Henrietta Ida Adams; Solicitor/nominated Executor: Roger David Cann; Beneficiary (great Nephew): Shanne Gribben; Notified Interested Person (nephew): Warren Gribben; Notified Interested Person (nephew): Brett Gribben
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2018
Procedural Posture
Will Validation (s14 Wills Act 2007) / Judgment on the Papers (decision Dated 18 May 2018)
Outcome
Document dated 1 June 2017 declared the last will of Mavis Henrietta Ida Adams; Mary Christina Margaret Gribben and Roger David Cann appointed executors of her estate.
Legal Topics
Validation of Informal Will, Testamentary Intention, Execution Formalities, Appointment of Executors
Wills and Estates Succession Law Probate Validation of Informal Will Testamentary Intention Execution Formalities Appointment of Executors

Case Brief

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Parties

Mary Christina Margaret Gribben

Applicant/proposed Executor

Mavis Henrietta Ida Adams

Deceased

Roger David Cann

Solicitor/nominated Executor

Shanne Gribben

Beneficiary (great Nephew)

Warren Gribben

Notified Interested Person (nephew)

Brett Gribben

Notified Interested Person (nephew)

Procedural Posture

Will Validation (s14 Wills Act 2007) / Judgment on the Papers (decision Dated 18 May 2018)

Legal Issues

  1. 1 Whether the 1 June 2017 document, defective for want of two witness signatures, nonetheless expresses the deceased's testamentary intentions under s14 Wills Act 2007
  2. 2 Whether the formal execution requirements of s11 were fatally defective
  3. 3 Whether the Court should validate the document and appoint executors

Ratio Decidendi

The 1 June 2017 document was declared the last will because it plainly expressed Mrs Adams' testamentary intentions, was signed and dated by her in the presence of relatives who confirm her capacity and approval, the deficiencies under s11 were formal not substantive, there was no opposition and no material delay, and therefore validation under s14 was appropriate.

Court Disposition

Document dated 1 June 2017 declared the last will of Mavis Henrietta Ida Adams; Mary Christina Margaret Gribben and Roger David Cann appointed executors of her estate.

Orders

  • Declare the document dated 1 June 2017 to be the last will and testament of Mavis Henrietta Ida Adams.
  • Appoint Mary Christina Margaret Gribben and Roger David Cann as executors of the estate of Mavis Henrietta Ida Adams.