Re Estate Carr [2019] NZHC 2647

Re Estate Carr [2019] NZHC 2647

The original handwritten document, notwithstanding non-compliance with s11 and the presence of erasures/strikethroughs, expresses Barry Benjamin Carr's testamentary intentions; the handwriting, location with other important papers, specificity of gifts and surrounding evidence satisfy s14 Wills Act 2007 and warrant a declaration that the document is his valid will.

Citation
[2019] NZHC 2647
Parties
Applicant; Beneficiary; Proposed Executrix and Trustee: Donna Hineanewa Oliver; Deceased Testator: Barry Benjamin Carr (deceased)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 October 2019
Procedural Posture
Validation of Will / Application Under S14 Wills Act 2007 (on the Papers)
Outcome
Original document declared the valid will of Barry Benjamin Carr under s14 Wills Act 2007
Legal Topics
Validation Under S14 Wills Act 2007, Testamentary Intention, Formal Execution Requirements (s11), Effect of Alterations/erasures on Testamentary Documents, High Court Discretionary Remedial Jurisdiction
Wills and Succession Probate Civil Procedure Validation Under S14 Wills Act 2007 Testamentary Intention Formal Execution Requirements (s11) Effect of Alterations/erasures on Testamentary Documents High Court Discretionary Remedial Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Donna Hineanewa Oliver

Applicant; Beneficiary; Proposed Executrix and Trustee

Barry Benjamin Carr (deceased)

Deceased Testator

Procedural Posture

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

Legal Issues

  1. 1 Does the handwritten document express the deceased's testamentary intentions for the purposes of s14 Wills Act 2007?
  2. 2 Does non-compliance with s11 (signature/witnessing) and the presence of erasures/strikethroughs defeat validation under s14?
  3. 3 Whether factual circumstances and surrounding evidence suffice to validate the document despite alterations

Ratio Decidendi

The original handwritten document, notwithstanding non-compliance with s11 and the presence of erasures/strikethroughs, expresses Barry Benjamin Carr's testamentary intentions; the handwriting, location with other important papers, specificity of gifts and surrounding evidence satisfy s14 Wills Act 2007 and warrant a declaration that the document is his valid will.

Court Disposition

Original document declared the valid will of Barry Benjamin Carr under s14 Wills Act 2007

Orders

  • Declare the original of the document marked "A" annexed to the affidavit of Donna Hineanewa Oliver sworn 24 July 2018 to be the valid will of Barry Benjamin Carr.