ESTATE OF JACQUELINE HELEN MARSDEN [2015] NZHC 2885

ESTATE OF JACQUELINE HELEN MARSDEN [2015] NZHC 2885

The document was declared the valid will because the Court was satisfied it expressed the deceased's testamentary intentions based on the document, the applicant's affidavit, corroborating evidence and absence of any contrary will or opposition, enabling a s14 declaration despite non‑compliance with s11 formalities.

Citation
[2015] NZHC 2885
Parties
Deceased: Jacqueline Helen Marsden; Applicant/executor/husband: Robert Marsden
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 November 2015
Procedural Posture
Application Under S14 Wills Act 2007 (declaration of Will Validity) / Judgment on the Papers
Outcome
Order declaring the document to be the valid will of Jacqueline Helen Marsden pursuant to s14 Wills Act 2007
Legal Topics
Validity of Will, Testamentary Intention, Execution Formalities, Section 14 Wills Act 2007
Wills Succession Probate Validity of Will Testamentary Intention Execution Formalities Section 14 Wills Act 2007

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Parties

Jacqueline Helen Marsden

Deceased

Robert Marsden

Applicant/executor/husband

Procedural Posture

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

Legal Issues

  1. 1 Whether a document not complying with s11 formalities can be declared valid under s14
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether any other person is affected and consents to the order

Ratio Decidendi

The document was declared the valid will because the Court was satisfied it expressed the deceased's testamentary intentions based on the document, the applicant's affidavit, corroborating evidence and absence of any contrary will or opposition, enabling a s14 declaration despite non‑compliance with s11 formalities.

Court Disposition

Order declaring the document to be the valid will of Jacqueline Helen Marsden pursuant to s14 Wills Act 2007

Orders

  • Declare the document dated 6 May 2005 (noting 18 November 2005 also appears on the document) to be the valid will of Jacqueline Helen Marsden