ESTATE OF LINDA MARIE OLDRIDGE [2020] NZHC 2020

ESTATE OF LINDA MARIE OLDRIDGE [2020] NZHC 2020

The document, taken together with the applicants' unchallenged evidence about the deceased's discussions and intentions, sufficiently expressed the deceased's testamentary intentions; accordingly the Court exercised its jurisdiction under s14 to declare the document dated 20 November 2019 to be the deceased's valid will despite non‑compliance with s11.

Citation
[2020] NZHC 2020
Parties
Applicant/proposed Executor: Margaret Evelyn Price; Applicant/proposed Executor: Carol-Anne Roberts; Deceased: Linda Marie Oldridge
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 August 2020
Procedural Posture
Will Declaration Under Wills Act 2007 / Judgment on Application (s14)
Outcome
Document dated 20 November 2019 declared to be a valid will of Linda Marie Oldridge
Legal Topics
Validity of Will, Execution Requirements, Testamentary Intention, S14 Declaration
Succession Wills and Estates Probate Validity of Will Execution Requirements Testamentary Intention S14 Declaration

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Parties

Margaret Evelyn Price

Applicant/proposed Executor

Carol-Anne Roberts

Applicant/proposed Executor

Linda Marie Oldridge

Deceased

Procedural Posture

Will Declaration Under Wills Act 2007 / Judgment on Application (s14)

Legal Issues

  1. 1 Whether a document that does not comply with the formal execution requirements of s11 can be declared a valid will under s14
  2. 2 Whether the document before the Court expresses the deceased's testamentary intentions
  3. 3 Whether the application could proceed without notice to other potential interested parties

Ratio Decidendi

The document, taken together with the applicants' unchallenged evidence about the deceased's discussions and intentions, sufficiently expressed the deceased's testamentary intentions; accordingly the Court exercised its jurisdiction under s14 to declare the document dated 20 November 2019 to be the deceased's valid will despite non‑compliance with s11.

Court Disposition

Document dated 20 November 2019 declared to be a valid will of Linda Marie Oldridge

Orders

  • That the document dated 20 November 2019, a copy of which is exhibited to the affidavit of Margaret Evelyn Price and Carol‑Anne Roberts filed in support of the application, is hereby declared to be a valid will of the deceased.