Application by Allan Butt [2020] NZHC 3225

Application by Allan Butt [2020] NZHC 3225

Section 14 authorises the Court to declare an undated and unsigned document to be a valid will where evidence demonstrates it expresses the deceased's testamentary intentions; the solicitor's affidavit, the deceased's email confirmation, the circumstances of sudden death preventing execution, and consents from affected persons satisfied the Court that the draft expressed the deceased's testamentary intentions, warranting declaration of validity and leave to proceed without notice.

Citation
[2020] NZHC 3225
Parties
Applicant and Named Executor: Allan Butt; Deceased: Roy Butt; Beneficiary (granddaughter): Kimberley Olsson; Beneficiary (grandson): Reuben Olsson; Predeceased Daughter: Lyn Olsson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 December 2020
Procedural Posture
Application Under Wills Act 2007 S14 / Judgment on Application (on the Papers)
Outcome
Undated unsigned document declared valid as the last will of the deceased, Roy Butt; leave granted to proceed without notice
Legal Topics
Validity of Will, Section 14 Wills Act 2007, Testamentary Intention, Undated/unsigned Draft Will
Wills and Succession Probate Estate Law Family Provision Validity of Will Section 14 Wills Act 2007 Testamentary Intention Undated/unsigned Draft Will

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Parties

Allan Butt

Applicant and Named Executor

Roy Butt

Deceased

Kimberley Olsson

Beneficiary (granddaughter)

Reuben Olsson

Beneficiary (grandson)

Lyn Olsson

Predeceased Daughter

Procedural Posture

Application Under Wills Act 2007 S14 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether an undated and unsigned document can be declared a valid will under s14 of the Wills Act 2007
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether requirements of s11 (signature and witnesses) preclude relief under s14

Ratio Decidendi

Section 14 authorises the Court to declare an undated and unsigned document to be a valid will where evidence demonstrates it expresses the deceased's testamentary intentions; the solicitor's affidavit, the deceased's email confirmation, the circumstances of sudden death preventing execution, and consents from affected persons satisfied the Court that the draft expressed the deceased's testamentary intentions, warranting declaration of validity and leave to proceed without notice.

Court Disposition

Undated unsigned document declared valid as the last will of the deceased, Roy Butt; leave granted to proceed without notice

Orders

  • Declare the undated unsigned document annexed to the affidavit of Allan Butt to be the valid last will of Roy Butt
  • Leave granted for the application to proceed without notice and the draft order filed with the application is approved