Estate of Aramoana (aka) Huia [2014] NZHC 537

Estate of Aramoana (aka) Huia [2014] NZHC 537

The unexecuted document expressly stated to be the deceased's will, purports to dispose of her property and appoint an executor, and is supported by the signed 'list' and supporting affidavits; accordingly the Court, pursuant to s 14 Wills Act 2007, declared that unexecuted document to be the valid will. The 'list' was not declared a separate valid will but treated as supporting evidence to avoid unnecessary complexity.

Citation
[2014] NZHC 537
Parties
Applicant (sister and Proposed Guardian): Margaret Hunia; Deceased: Tracy Ann Aramoana (also known as Tracy Ann Huia); Former Partner/supporter of Application: Marty Aramoana
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 March 2014
Procedural Posture
Application for Declaration Under S 14 Wills Act 2007 (will Validation) / Judgment on the Papers
Outcome
Declaration that the unexecuted document stated to be the last will of Tracy Ann Aramoana is a valid will under s 14 Wills Act 2007; the 'WHAT TRACY WANTS DONE LIST' is not declared a separate valid will but is treated as supporting evidence.
Legal Topics
Will Validation, Execution Formalities, Testamentary Intentions, Section 14 Wills Act 2007
Wills and Estates Probate Succession Will Validation Execution Formalities Testamentary Intentions Section 14 Wills Act 2007

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Parties

Margaret Hunia

Applicant (sister and Proposed Guardian)

Tracy Ann Aramoana (also known as Tracy Ann Huia)

Deceased

Marty Aramoana

Former Partner/supporter of Application

Procedural Posture

Application for Declaration Under S 14 Wills Act 2007 (will Validation) / Judgment on the Papers

Legal Issues

  1. 1 Whether the unexecuted document and/or the 'WHAT TRACY WANTS DONE LIST' can be declared valid wills under s 14 Wills Act 2007
  2. 2 Whether both documents should be declared valid or the list should be treated as supportive evidence only

Ratio Decidendi

The unexecuted document expressly stated to be the deceased's will, purports to dispose of her property and appoint an executor, and is supported by the signed 'list' and supporting affidavits; accordingly the Court, pursuant to s 14 Wills Act 2007, declared that unexecuted document to be the valid will. The 'list' was not declared a separate valid will but treated as supporting evidence to avoid unnecessary complexity.

Court Disposition

Declaration that the unexecuted document stated to be the last will of Tracy Ann Aramoana is a valid will under s 14 Wills Act 2007; the 'WHAT TRACY WANTS DONE LIST' is not declared a separate valid will but is treated as supporting evidence.

Orders

  • Declare the unexecuted document stated to be the last will of Tracy Ann Aramoana to be a valid will pursuant to s 14 Wills Act 2007.
  • Do not declare the 'WHAT TRACY WANTS DONE LIST' to be a separate valid will; treat it as evidential support only.