KITE HC WHA CIV 2012-488-680

KITE HC WHA CIV 2012-488-680

The Court declared the handwritten 15 November 2005 document a valid will under s14 Wills Act 2007 because it plainly expressed the deceased's testamentary intentions and this was supported by witness affidavits; accordingly the Court granted Letters of Administration with Will Annexed to the residuary beneficiary Ronald Richard Kite and directed costs of the validation application be paid from the estate.

Citation
openlaw-99ffb062_b842_4973_a519_7ba200f9e972.pdf
Parties
Applicant / Residuary Beneficiary / Proposed Administrator: Ronald Richard Kite; Deceased / Testator: Rihari Tohu Heka; Interested Party / Brother and Potential Intestacy Claimant: Aperahama Heka
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 October 2012
Procedural Posture
Will Validation and Application for Letters of Administration With Will Annexed / Application Under S14 Wills Act 2007 and for Letters of Administration (hearing by Telephone; Judgment on 26 October 2012)
Outcome
Will declared valid under s14 Wills Act 2007; Letters of Administration with Will Annexed granted to Ronald Richard Kite; costs of and incidental to the validity application to be paid out of the estate.
Legal Topics
Will Validation, Testamentary Formalities, Letters of Administration With Will Annexed, Without‑notice Applications, Standing Under Family Protection Act
Wills and Estates Probate Administration Civil Procedure Will Validation Testamentary Formalities Letters of Administration With Will Annexed Without‑notice Applications +1 more

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Parties

Ronald Richard Kite

Applicant / Residuary Beneficiary / Proposed Administrator

Rihari Tohu Heka

Deceased / Testator

Aperahama Heka

Interested Party / Brother and Potential Intestacy Claimant

Procedural Posture

Will Validation and Application for Letters of Administration With Will Annexed / Application Under S14 Wills Act 2007 and for Letters of Administration (hearing by Telephone; Judgment on 26 October 2012)

Legal Issues

  1. 1 Whether the handwritten 15 November 2005 document expresses the deceased's testamentary intentions despite non‑compliance with s11 Wills Act 2007
  2. 2 Whether the High Court should validate the document under s14 Wills Act 2007
  3. 3 Whether Letters of Administration with Will Annexed should be granted to the applicant where no executor is named

Ratio Decidendi

The Court declared the handwritten 15 November 2005 document a valid will under s14 Wills Act 2007 because it plainly expressed the deceased's testamentary intentions and this was supported by witness affidavits; accordingly the Court granted Letters of Administration with Will Annexed to the residuary beneficiary Ronald Richard Kite and directed costs of the validation application be paid from the estate.

Court Disposition

Will declared valid under s14 Wills Act 2007; Letters of Administration with Will Annexed granted to Ronald Richard Kite; costs of and incidental to the validity application to be paid out of the estate.

Orders

  • Declaration that the handwritten document dated 15 November 2005 is a valid will under s14 Wills Act 2007
  • Grant Letters of Administration with Will Annexed in favour of Mr Ronald Richard Kite