Goodwin and Adams [2017] NZHC 1826

Goodwin and Adams [2017] NZHC 1826

The two-page handwritten document, though not witnessed and thus non-compliant with s 11, plainly appears to be a will and expresses the deceased's testamentary intentions; the statutory preconditions for an order under s 14 were met (including searches and beneficiary consents), therefore the Court was entitled to and did declare the document to be the valid will of Anthony Oscar Adams.

Citation
[2017] NZHC 1826
Parties
Applicant; Sister; Executor and Beneficiary: Regina Margaret Goodwin; Deceased: Anthony Oscar Adams
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 August 2017
Procedural Posture
Application Under S 14 Wills Act 2007 / On the Papers (application for Declaration of Will)
Outcome
Document declared to be the valid will of Anthony Oscar Adams
Legal Topics
Validity of Will, Informal Will, Testamentary Intention, Section 14 Wills Act 2007
Wills and Probate Succession Validity of Will Informal Will Testamentary Intention Section 14 Wills Act 2007

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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Regina Margaret Goodwin

Applicant; Sister; Executor and Beneficiary

Anthony Oscar Adams

Deceased

Procedural Posture

Application Under S 14 Wills Act 2007 / On the Papers (application for Declaration of Will)

Legal Issues

  1. 1 Whether the handwritten unsigned document appears to be a will
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether non-compliance with s 11 (witnessing) can be remedied by an order under s 14

Ratio Decidendi

The two-page handwritten document, though not witnessed and thus non-compliant with s 11, plainly appears to be a will and expresses the deceased's testamentary intentions; the statutory preconditions for an order under s 14 were met (including searches and beneficiary consents), therefore the Court was entitled to and did declare the document to be the valid will of Anthony Oscar Adams.

Court Disposition

Document declared to be the valid will of Anthony Oscar Adams

Orders

  • The document annexed to the applicant's affidavit is declared to be the valid will of Anthony Oscar Adams.