BEVERLEY ANN MARRIOTT CLARK (DECEASED) HC WHA CIV 2011-488-000397

BEVERLEY ANN MARRIOTT CLARK (DECEASED) HC WHA CIV 2011-488-000397

On the balance of probabilities the document dated 10 June 2010 expresses the deceased's testamentary intentions; despite non‑compliance with the technical witnessing statement required by s11(4), s14 authorises the Court to declare the document a valid will and the Court so declares it.

Citation
openlaw-5e70ce9c_4689_4c24_9906_3bb6c3631b02.pdf
Parties
Deceased: Beverley Ann Marriott Clark; Applicant (daughter, Executor, Beneficiary): Terri Maree Thompson; Applicant (daughter, Executor, Beneficiary): Paula Anne Brake; Applicant (son, Executor, Beneficiary): Dean Christopher Monk; Applicant (son, Executor, Beneficiary): G M Monk; Applicant (husband, Beneficiary): Mr Clark
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 June 2011
Procedural Posture
Application Under S14 Wills Act 2007 (declaration of Validity of Will) / Originating Application Determined on the Papers; Judgment Granting Declaration
Outcome
Document dated 10 June 2010 declared to be the valid last will and testament of Beverley Ann Marriott Clark
Legal Topics
Validity of Will, Formal Execution, Testamentary Intentions, Procedure for S14 Applications
Wills and Estates Probate Succession Law Validity of Will Formal Execution Testamentary Intentions Procedure for S14 Applications

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Parties

Beverley Ann Marriott Clark

Deceased

Terri Maree Thompson

Applicant (daughter, Executor, Beneficiary)

Paula Anne Brake

Applicant (daughter, Executor, Beneficiary)

Dean Christopher Monk

Applicant (son, Executor, Beneficiary)

G M Monk

Applicant (son, Executor, Beneficiary)

Mr Clark

Applicant (husband, Beneficiary)

Procedural Posture

Application Under S14 Wills Act 2007 (declaration of Validity of Will) / Originating Application Determined on the Papers; Judgment Granting Declaration

Legal Issues

  1. 1 Whether the document dated 10 June 2010 is a document that appears to be a will
  2. 2 Whether the document failed to comply with s11 formal execution requirements
  3. 3 Whether the document expresses the deceased's testamentary intentions such that the Court may declare it valid under s14

Ratio Decidendi

On the balance of probabilities the document dated 10 June 2010 expresses the deceased's testamentary intentions; despite non‑compliance with the technical witnessing statement required by s11(4), s14 authorises the Court to declare the document a valid will and the Court so declares it.

Court Disposition

Document dated 10 June 2010 declared to be the valid last will and testament of Beverley Ann Marriott Clark

Orders

  • Declare the document dated 10 June 2010 signed by the deceased and witnessed by Nurses Walters and McCartain to be the valid will of the late Beverley Ann Marriott Clark
  • Proceedings permitted to continue by way of originating application and no further service of persons is necessary