Re Estate of Wuti Wellington Muriwai Waa [2023] NZHC 3749

Re Estate of Wuti Wellington Muriwai Waa [2023] NZHC 3749

On the balance of probabilities the Court was satisfied the 20 June 2015 document expressed the deceased's testamentary intentions; accordingly an order under s 14 Wills Act 2007 declaring that document to be the deceased's valid will was made.

Citation
[2023] NZHC 3749
Parties
Applicant (sole Child and Proposed Personal Representative): Jacqueline Leslie Demeter; Deceased / Estate: Estate of Wuti Wellington Muriwai Waa (deceased)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2023
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) / Decision on Application (on the Papers)
Outcome
Order made under s 14 Wills Act 2007 declaring the document dated 20 June 2015 to be the valid will of Wuti Wellington Muriwai Waa.
Legal Topics
Validity of Will, Section 14 Wills Act 2007, Testamentary Intention, Formal Requirements of Wills
Wills and Estates Succession Probate Civil Procedure Validity of Will Section 14 Wills Act 2007 Testamentary Intention Formal Requirements of Wills

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Parties

Jacqueline Leslie Demeter

Applicant (sole Child and Proposed Personal Representative)

Estate of Wuti Wellington Muriwai Waa (deceased)

Deceased / Estate

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) / Decision on Application (on the Papers)

Legal Issues

  1. 1 Whether the document dated 20 June 2015 expresses the deceased's testamentary intentions
  2. 2 Whether s 14 Wills Act 2007 permits validation of a non‑compliant document as a will
  3. 3 Whether the applicant discharged the onus on the balance of probabilities that the document is the deceased's will

Ratio Decidendi

On the balance of probabilities the Court was satisfied the 20 June 2015 document expressed the deceased's testamentary intentions; accordingly an order under s 14 Wills Act 2007 declaring that document to be the deceased's valid will was made.

Court Disposition

Order made under s 14 Wills Act 2007 declaring the document dated 20 June 2015 to be the valid will of Wuti Wellington Muriwai Waa.

Orders

  • Declare the document dated 20 June 2015 to be a valid will under s 14 of the Wills Act 2007.