THE ESTATE OF BERNICE ROWELL HC AK CIV 2012-404-001555

THE ESTATE OF BERNICE ROWELL HC AK CIV 2012-404-001555

The draft will prepared on 13 December 2011 is declared the deceased's valid will because, on the balance of probabilities, it expressed Bernice Rowell's testamentary intentions as evidenced by the deceased's telephone instructions, a corroborating handwritten note, the solicitor's contemporaneous file note, and absence of opposition, satisfying s 14 Wills Act 2007.

Citation
openlaw-596abd69_4747_468a_8bda_f71200d17c71.pdf
Parties
Applicant (proposed Executor/trustee): Christopher Charles Granville Bradley; Deceased: Bernice Rowell; Interested Party (notice of Appearance Reserving Rights): National Heart Foundation of New Zealand
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 July 2012
Procedural Posture
Originating Application Under S 14 Wills Act 2007 to Validate a Non Compliant Will / Final Judgment
Outcome
Draft will prepared 13 December 2011 declared to be the valid last will of Bernice Rowell
Legal Topics
Validation of Non Compliant Will, Testamentary Intention, Testamentary Capacity, High Court Declaration Under S 14 Wills Act 2007
Wills and Succession Probate Civil Procedure Validation of Non Compliant Will Testamentary Intention Testamentary Capacity High Court Declaration Under S 14 Wills Act 2007

Case Brief

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Parties

Christopher Charles Granville Bradley

Applicant (proposed Executor/trustee)

Bernice Rowell

Deceased

National Heart Foundation of New Zealand

Interested Party (notice of Appearance Reserving Rights)

Procedural Posture

Originating Application Under S 14 Wills Act 2007 to Validate a Non Compliant Will / Final Judgment

Legal Issues

  1. 1 Whether a draft will not signed or witnessed can be declared valid under s 14 Wills Act 2007
  2. 2 Whether the draft will prepared on 13 December 2011 expressed the deceased's testamentary intentions
  3. 3 Whether the deceased had testamentary capacity when instructing the solicitor

Ratio Decidendi

The draft will prepared on 13 December 2011 is declared the deceased's valid will because, on the balance of probabilities, it expressed Bernice Rowell's testamentary intentions as evidenced by the deceased's telephone instructions, a corroborating handwritten note, the solicitor's contemporaneous file note, and absence of opposition, satisfying s 14 Wills Act 2007.

Court Disposition

Draft will prepared 13 December 2011 declared to be the valid last will of Bernice Rowell

Orders

  • Order declaring the document annexed to the originating application (draft will prepared 13 December 2011) to be the valid will of the late Bernice Rowell
  • Costs of the application to be paid out of the estate of the deceased