ESTATE OF E A WILLIAMSON HC NAP CIV-2010-441-000247

ESTATE OF E A WILLIAMSON HC NAP CIV-2010-441-000247

The Court was satisfied on the material before it that the will dated 7 March 2010 expressed the will‑maker's testamentary intentions and therefore made an order under s 14 of the Wills Act 2007 validating the will despite non‑compliance with s 11(4).

Citation
openlaw-6387d08d_8f3f_4244_b4ec_f125d5043d1c.pdf
Parties
Will Maker/deceased: Elizabeth Annette Williamson; Solicitors for Applicant: Le Pine and Co
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 November 2010
Procedural Posture
Application Under Wills Act 2007 to Validate a Will / Judgment on Application Under S 14
Outcome
Order granted validating the will dated 7 March 2010 under s 14 of the Wills Act 2007.
Legal Topics
Will Formalities, Validation of Non‑compliant Wills, Testamentary Intention
Wills and Estates Succession Civil Procedure Will Formalities Validation of Non‑compliant Wills Testamentary Intention

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Parties

Elizabeth Annette Williamson

Will Maker/deceased

Le Pine and Co

Solicitors for Applicant

Procedural Posture

Application Under Wills Act 2007 to Validate a Will / Judgment on Application Under S 14

Legal Issues

  1. 1 Whether the Court should validate a will under s 14 of the Wills Act 2007 despite non‑compliance with the s 11(4) requirement that the will‑maker sign in the presence of two witnesses

Ratio Decidendi

The Court was satisfied on the material before it that the will dated 7 March 2010 expressed the will‑maker's testamentary intentions and therefore made an order under s 14 of the Wills Act 2007 validating the will despite non‑compliance with s 11(4).

Court Disposition

Order granted validating the will dated 7 March 2010 under s 14 of the Wills Act 2007.

Orders

  • The will of Elizabeth Annette Williamson dated 7 March 2010 is declared valid and is validated pursuant to s 14 of the Wills Act 2007.