RE ESTATE LEE [2023] NZHC 207

RE ESTATE LEE [2023] NZHC 207

Affidavit evidence from the attending solicitor and secretary established that the deceased signed the document and that there were two witnesses present although the second witness's endorsement was inadvertently omitted; the document therefore expresses the deceased's testamentary intentions and under s14(2) the Court declared it a valid will.

Citation
[2023] NZHC 207
Parties
Applicant/executor: William Alfred Lee; Applicant/executor: Gregory Mark Lee; Deceased/testator: Doris Cecily Lee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 February 2023
Procedural Posture
Application Under S14 Wills Act 2007 (validation of Will) / Judgment on the Papers
Outcome
Order declaring the document dated 24 July 2008 to be the valid will of Doris Cecily Lee.
Legal Topics
Validation of Will, Witnessing Requirements, High Court Declaration S14
Wills and Estates Probate Succession Validation of Will Witnessing Requirements High Court Declaration S14

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Parties

William Alfred Lee

Applicant/executor

Gregory Mark Lee

Applicant/executor

Doris Cecily Lee

Deceased/testator

Procedural Posture

Application Under S14 Wills Act 2007 (validation of Will) / Judgment on the Papers

Legal Issues

  1. 1 Whether a document that did not comply with s11(4) of the Wills Act 2007 can be declared a valid will under s14
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether affidavits provide sufficient evidence of signing and witnessing despite lack of second witness endorsement

Ratio Decidendi

Affidavit evidence from the attending solicitor and secretary established that the deceased signed the document and that there were two witnesses present although the second witness's endorsement was inadvertently omitted; the document therefore expresses the deceased's testamentary intentions and under s14(2) the Court declared it a valid will.

Court Disposition

Order declaring the document dated 24 July 2008 to be the valid will of Doris Cecily Lee.

Orders

  • Pursuant to s14(2) of the Wills Act 2007, the document dated 24 July 2008 is declared the valid will of Doris Cecily Lee.