Estate of BURNETT [2013] NZHC 1725

Estate of BURNETT [2013] NZHC 1725

The Court was satisfied the document prepared by the deceased's solicitor expressed the deceased's testamentary intentions within the meaning of s 14 of the Wills Act 2007 and therefore declared the document to be the valid will and granted appointment of executors and probate in solemn form.

Citation
[2013] NZHC 1725
Parties
Deceased: Vicki Ann Burnett; Applicant and Executor: Richard John Burnett; Executor: Jenny Louise Westwood; Executor: Carolyn Gay Priest
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 July 2013
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) / High Court Judgment and Orders
Outcome
Document declared valid will under s 14 Wills Act 2007; executors appointed and probate in solemn form granted.
Legal Topics
Will Validation, Testamentary Intentions, Probate, Appointment of Executors, Property (relationships) Act Election
Wills and Probate Family Law Will Validation Testamentary Intentions Probate Appointment of Executors Property (relationships) Act Election

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Parties

Vicki Ann Burnett

Deceased

Richard John Burnett

Applicant and Executor

Jenny Louise Westwood

Executor

Carolyn Gay Priest

Executor

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) / High Court Judgment and Orders

Legal Issues

  1. 1 Whether an unsigned draft document expresses the deceased's testamentary intentions under s 14 of the Wills Act 2007
  2. 2 Whether the Court should declare the document a valid will
  3. 3 Whether executors should be appointed and probate granted in solemn form

Ratio Decidendi

The Court was satisfied the document prepared by the deceased's solicitor expressed the deceased's testamentary intentions within the meaning of s 14 of the Wills Act 2007 and therefore declared the document to be the valid will and granted appointment of executors and probate in solemn form.

Court Disposition

Document declared valid will under s 14 Wills Act 2007; executors appointed and probate in solemn form granted.

Orders

  • Declaration that the document prepared by solicitor John Shearer Angland on instructions of the deceased is a valid will pursuant to s 14 Wills Act 2007
  • Appointment of Richard John Burnett of Doyleston, horse trainer, Jenny Louise Westwood of Auckland, and Carolyn Gay Priest of Auckland as executors of the will