RE ESTATE OF HARVEY [2019] NZHC 1202

RE ESTATE OF HARVEY [2019] NZHC 1202

The typed solicitor's file note, read with the solicitor's affidavit and corroborating affidavits and beneficiary consents, sufficiently manifested the deceased's testamentary intentions under s 14 of the Wills Act 2007; the court therefore declared the typed file note a valid codicil to the will dated 15 June 2010, while excluding the less clear handwritten note.

Citation
[2019] NZHC 1202
Parties
Applicant (executor): Joanne Shereen Nutsford; Applicant (executor): Robert Michael Nutsford; Deceased: Ronald Ivan Harvey
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 May 2019
Procedural Posture
Application Under S 14 Wills Act 2007 / Judgment (on the Papers)
Outcome
Application granted in part: typed file note declared a valid codicil to the will dated 15 June 2010; handwritten note excluded; matter dealt with without further notice.
Legal Topics
Validity of Will, Codicil, Section 14 Declaration, Testamentary Intention, Solicitor File Note
Wills and Estates Succession Law Probate Validity of Will Codicil Section 14 Declaration Testamentary Intention Solicitor File Note

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Parties

Joanne Shereen Nutsford

Applicant (executor)

Robert Michael Nutsford

Applicant (executor)

Ronald Ivan Harvey

Deceased

Procedural Posture

Application Under S 14 Wills Act 2007 / Judgment (on the Papers)

Legal Issues

  1. 1 Whether a solicitor's file note can be declared a valid will or codicil under s 14 despite non‑compliance with s 11
  2. 2 Whether extraneous evidence (affidavits, consents, statements) can be used to establish testamentary intention
  3. 3 Whether the court should adopt a robust, substance‑over‑form approach when validating defective documents

Ratio Decidendi

The typed solicitor's file note, read with the solicitor's affidavit and corroborating affidavits and beneficiary consents, sufficiently manifested the deceased's testamentary intentions under s 14 of the Wills Act 2007; the court therefore declared the typed file note a valid codicil to the will dated 15 June 2010, while excluding the less clear handwritten note.

Court Disposition

Application granted in part: typed file note declared a valid codicil to the will dated 15 June 2010; handwritten note excluded; matter dealt with without further notice.

Orders

  • Declare the typed file note (Exhibit C to McDonald's affidavit of 17 May 2019) a valid codicil to the will dated 15 June 2010
  • Do not include the handwritten file note in the s 14 declaration