ESTATE OF CORNELIUS, DECEASED HC AK CIV 2012-404-341

ESTATE OF CORNELIUS, DECEASED HC AK CIV 2012-404-341

The unsigned July 2008 draft will was prepared on the deceased's instructions and, on the evidence (including solicitor confirmation, accountant's notes and beneficiaries' consents), reflected his testamentary intentions; therefore the High Court was satisfied the document met s14 and declared it valid.

Citation
openlaw-ff76f70c_4d87_4b00_b781_79a4cf67e983.pdf
Parties
Deceased: Grant Charles Cornelius; Applicants: Sarah Jane Cornelius and three adult children
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 March 2012
Procedural Posture
Will Validation and Probate / Without‑notice Application for Declaration Under S14 Wills Act 2007 (on the Papers)
Outcome
Order declaring the July 2008 unsigned draft will valid pursuant to s14 Wills Act 2007
Legal Topics
Will Validation, Unsigned Will, Section 14 Wills Act 2007, Testamentary Intentions, Intestacy
Wills and Estates Probate Succession Trusts Will Validation Unsigned Will Section 14 Wills Act 2007 Testamentary Intentions +1 more

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Parties

Grant Charles Cornelius

Deceased

Sarah Jane Cornelius and three adult children

Applicants

Procedural Posture

Will Validation and Probate / Without‑notice Application for Declaration Under S14 Wills Act 2007 (on the Papers)

Legal Issues

  1. 1 Whether the unsigned draft will expresses the deceased's testamentary intentions under s14 Wills Act 2007
  2. 2 Whether the High Court should declare the unsigned document to be a valid will
  3. 3 Effect of beneficiaries' consent on making a s14 declaration

Ratio Decidendi

The unsigned July 2008 draft will was prepared on the deceased's instructions and, on the evidence (including solicitor confirmation, accountant's notes and beneficiaries' consents), reflected his testamentary intentions; therefore the High Court was satisfied the document met s14 and declared it valid.

Court Disposition

Order declaring the July 2008 unsigned draft will valid pursuant to s14 Wills Act 2007

Orders

  • The draft unexecuted will prepared in July 2008 by Simpson Grierson and forwarded to the deceased is declared valid pursuant to s14 of the Wills Act 2007