re ESTATE OFJAMES McKENZIE COCKBURN [2019] NZHC 3152

re ESTATE OFJAMES McKENZIE COCKBURN [2019] NZHC 3152

The Court declared the unsigned draft to be the valid will because the evidence established it reflected the deceased's testamentary intentions, it was created in New Zealand, relevant beneficiaries and the formerly named executor consented, and there were no competing claims or objections, thereby satisfying s 14 of the Wills Act 2007.

Citation
[2019] NZHC 3152
Parties
Applicant, Proposed Executor: David Graham; Applicant, Proposed Executor: Christine Ding; Applicant, Proposed Executor: Kelly McCullough; Deceased: James McKenzie Cockburn; Beneficiary: Dianne Creed; Formerly Named Executor Under Earlier Will, Consenting Party: Public Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 December 2019
Procedural Posture
Application Under the Wills Act 2007 for Declaration of Validity of an Unsigned Will (s 14) / Judgment on the Papers, Final Order Issued
Outcome
Order granted declaring the unsigned document to be the valid will of the deceased
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Revocation by Marriage, Court Declaration Under Wills Act 2007 S 14
Wills and Probate Succession Law Family Law Validation of Unsigned Will Testamentary Intention Revocation by Marriage Court Declaration Under Wills Act 2007 S 14

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Parties

David Graham

Applicant, Proposed Executor

Christine Ding

Applicant, Proposed Executor

Kelly McCullough

Applicant, Proposed Executor

James McKenzie Cockburn

Deceased

Dianne Creed

Beneficiary

Public Trust

Formerly Named Executor Under Earlier Will, Consenting Party

Procedural Posture

Application Under the Wills Act 2007 for Declaration of Validity of an Unsigned Will (s 14) / Judgment on the Papers, Final Order Issued

Legal Issues

  1. 1 Whether an unsigned document can be declared the valid will of the deceased under s 14 of the Wills Act 2007
  2. 2 Whether the draft document reflects the deceased's testamentary intentions
  3. 3 Whether any interested party objects to validation of the draft will

Ratio Decidendi

The Court declared the unsigned draft to be the valid will because the evidence established it reflected the deceased's testamentary intentions, it was created in New Zealand, relevant beneficiaries and the formerly named executor consented, and there were no competing claims or objections, thereby satisfying s 14 of the Wills Act 2007.

Court Disposition

Order granted declaring the unsigned document to be the valid will of the deceased

Orders

  • Declare the draft unsigned document to be the valid will of James McKenzie Cockburn
  • Approve the draft order filed with the application