Re Heasley (deceased) [2017] NZHC 3099

Re Heasley (deceased) [2017] NZHC 3099

The court was satisfied the unsigned draft expressed the deceased's testamentary intentions on the basis of the solicitor's contemporaneous correspondence and amendment, the detailed and recent nature of the draft, continuity with prior testamentary instructions, evidence some gifts had been delivered, and the written consents of the adult children; accordingly the document was declared a valid will under s 14 and a clerical name correction was ordered under s 31.

Citation
[2017] NZHC 3099
Parties
Applicant / Named Executor: Barbara Dawn Matheoda (Mrs Heasley); Deceased: Alistair Graham Heasley; Beneficiary (adult Child): Paul Graham Heasley; Beneficiary (adult Child): Joanna Brown
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 December 2017
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) / On the Papers Judgment; Application for Declaration and Clerical Correction
Outcome
Application granted: draft document declared valid will; leave to proceed without notice granted; clerical correction ordered
Legal Topics
Will Validation, Section 14 Wills Act 2007, Clerical Correction Under S 31 Wills Act 2007, Intestacy, Leave to Proceed Without Notice
Wills and Estates Succession Civil Procedure Will Validation Section 14 Wills Act 2007 Clerical Correction Under S 31 Wills Act 2007 Intestacy Leave to Proceed Without Notice

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Parties

Barbara Dawn Matheoda (Mrs Heasley)

Applicant / Named Executor

Alistair Graham Heasley

Deceased

Paul Graham Heasley

Beneficiary (adult Child)

Joanna Brown

Beneficiary (adult Child)

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) / On the Papers Judgment; Application for Declaration and Clerical Correction

Legal Issues

  1. 1 Whether an unsigned draft document expresses the deceased's testamentary intentions sufficient for validation under s 14 Wills Act 2007
  2. 2 Whether leave to file the application without notice should be granted
  3. 3 Whether a clerical error in the draft should be corrected under s 31 Wills Act 2007

Ratio Decidendi

The court was satisfied the unsigned draft expressed the deceased's testamentary intentions on the basis of the solicitor's contemporaneous correspondence and amendment, the detailed and recent nature of the draft, continuity with prior testamentary instructions, evidence some gifts had been delivered, and the written consents of the adult children; accordingly the document was declared a valid will under s 14 and a clerical name correction was ordered under s 31.

Court Disposition

Application granted: draft document declared valid will; leave to proceed without notice granted; clerical correction ordered

Orders

  • Leave granted to make the application without notice
  • The document at Exhibit B to the affidavit of Barbara Dawn Heasley affirmed 27 November 2017 is declared to be a valid will of Alistair Graham Heasley