ESTATE OF P GLOVER HC AK CIV-2012-404-007603

ESTATE OF P GLOVER HC AK CIV-2012-404-007603

On the evidence, including the deceased's change in circumstances, contemporaneous discussions with the applicant, the content of the handwritten note and the drafting history of the formal documents, the handwritten note manifested the deceased's testamentary intentions and therefore, under s 14 Wills Act 2007, the...

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Citation
openlaw-72561ec5_7a65_4054_8b5d_62e4489a773f.pdf
Parties
Deceased (beneficiary): Paul Karl Glover; Estate: Estate of Paul Karl Glover; Applicant/executor/trustee: Peter John MacLeod
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 January 2013
Procedural Posture
Will Validation Under S 14 Wills Act 2007 / Hearing (on the Papers); Without‑notice Application
Outcome
Handwritten note declared the valid will of Paul Karl Glover under s 14 Wills Act 2007; application heard without notice.
Legal Topics
Will Validation, Execution Requirements, Testamentary Intention, Without‑notice Applications
Wills and Estates Succession Will Validation Execution Requirements Testamentary Intention Without‑notice Applications

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Parties

Paul Karl Glover

Deceased (beneficiary)

Estate of Paul Karl Glover

Estate

Peter John MacLeod

Applicant/executor/trustee

Procedural Posture

Will Validation Under S 14 Wills Act 2007 / Hearing (on the Papers); Without‑notice Application

Legal Issues

  1. 1 Whether the application under s 14 Wills Act 2007 could be heard without notice
  2. 2 Whether any of three documents constituted the deceased's valid will despite non‑compliance with s 11 execution rules
  3. 3 Whether the handwritten note expressed the deceased's testamentary intentions such that s 14 validation was appropriate

Ratio Decidendi

On the evidence, including the deceased's change in circumstances, contemporaneous discussions with the applicant, the content of the handwritten note and the drafting history of the formal documents, the handwritten note manifested the deceased's testamentary intentions and therefore, under s 14 Wills Act 2007, the Court declared that handwritten note to be the deceased's valid will; the application was appropriately heard without notice.

Court Disposition

Handwritten note declared the valid will of Paul Karl Glover under s 14 Wills Act 2007; application heard without notice.

Orders

  • Order under s 14 Wills Act 2007 declaring the handwritten note to be the valid will of Paul Karl Glover.
  • Application heard without notice; no directions as to service or representation required.