IN THE ESTATE OF: FRANCES LORRAINE HARRINGTON HC TIM CIV 2009-476-000241

IN THE ESTATE OF: FRANCES LORRAINE HARRINGTON HC TIM CIV 2009-476-000241

The Court declared the 27 March 2009 document to be the valid will because, notwithstanding non‑compliance with Wills Act s11(4)(b), the evidence (witness affidavit and contemporaneous execution) satisfied the Court under s14 that the document expressed the deceased's testamentary intentions; the Court also granted administration to the daughter.

Citation
openlaw-895d94de_a772_43fc_a459_cfefc756518b.pdf
Parties
Deceased: Frances Lorraine Harrington; Applicant/administrator: Maree Anne Milliken; Interested Party (consenting): Valerie Thornacroft
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 March 2010
Procedural Posture
Probate/will Validation / Judgment on Application Under Wills Act S14 and Grant of Administration
Outcome
Document dated 27 March 2009 declared the valid will of Frances Lorraine Harrington; grant of administration of the estate made to Maree Anne Milliken.
Legal Topics
Will Validation, Formal Validity of Wills, Testamentary Intention, Wills Act 2007 S14
Wills and Estates Probate Succession Law Will Validation Formal Validity of Wills Testamentary Intention Wills Act 2007 S14

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Parties

Frances Lorraine Harrington

Deceased

Maree Anne Milliken

Applicant/administrator

Valerie Thornacroft

Interested Party (consenting)

Procedural Posture

Probate/will Validation / Judgment on Application Under Wills Act S14 and Grant of Administration

Legal Issues

  1. 1 Whether the 27 March 2009 document complies with Wills Act 2007 s11
  2. 2 Whether the High Court should declare the non‑compliant document to be a valid will under Wills Act 2007 s14
  3. 3 Whether the deceased's daughter should be appointed administrator of the estate

Ratio Decidendi

The Court declared the 27 March 2009 document to be the valid will because, notwithstanding non‑compliance with Wills Act s11(4)(b), the evidence (witness affidavit and contemporaneous execution) satisfied the Court under s14 that the document expressed the deceased's testamentary intentions; the Court also granted administration to the daughter.

Court Disposition

Document dated 27 March 2009 declared the valid will of Frances Lorraine Harrington; grant of administration of the estate made to Maree Anne Milliken.

Orders

  • Declare the document dated 27 March 2009 to be the valid will of Frances Lorraine Harrington.
  • Grant administration of the estate to Maree Anne Milliken, as moved in the notice of application dated 20 May 2009.