ESTATE OF DULLABH RAMA [2018] NZHC 768

ESTATE OF DULLABH RAMA [2018] NZHC 768

The will dated 23 June 2017 was declared valid under s14 of the Wills Act 2007 because it expressed the deceased's testamentary intentions and the circumstances (including beneficiaries' consent and the facts of signing and subsequent witnessing) justified validation despite the witnesses not being present together.

Citation
[2018] NZHC 768
Parties
Executor and Trustee (applicant): Mr Govan; Deceased: Dullabh Rama; Beneficiaries: Five daughters
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 April 2018
Procedural Posture
Originating Application Under S14 Wills Act 2007 (will Validation) / On the Papers (without Notice Originating Application)
Outcome
Will declared valid
Legal Topics
Validation of Will Under S14 Wills Act 2007, Testamentary Intention, Witnessing Requirements, Declaration of Validity
Succession Wills Estate Administration Civil Procedure Validation of Will Under S14 Wills Act 2007 Testamentary Intention Witnessing Requirements Declaration of Validity

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Parties

Mr Govan

Executor and Trustee (applicant)

Dullabh Rama

Deceased

Five daughters

Beneficiaries

Procedural Posture

Originating Application Under S14 Wills Act 2007 (will Validation) / On the Papers (without Notice Originating Application)

Legal Issues

  1. 1 Whether the will dated 23 June 2017 is valid despite the two witnesses not being present together when the deceased signed
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Application of s14 of the Wills Act 2007 to validate a will that does not comply with formal witnessing requirements

Ratio Decidendi

The will dated 23 June 2017 was declared valid under s14 of the Wills Act 2007 because it expressed the deceased's testamentary intentions and the circumstances (including beneficiaries' consent and the facts of signing and subsequent witnessing) justified validation despite the witnesses not being present together.

Court Disposition

Will declared valid

Orders

  • Declaration that the will dated 23 June 2017 is a valid will under s14 of the Wills Act 2007