Re Moore and Humble Application [2020] NZHC 2977

Re Moore and Humble Application [2020] NZHC 2977

The signed draft, despite non-compliance with s11 (only one witness), was prepared on solicitor instructions, amended and signed by Mrs Chandler in the presence of a witness who filed an affidavit, and formal execution was only prevented by her sudden death; therefore it satisfied s14 as expressing her testamentary intentions and was declared her last will.

Citation
[2020] NZHC 2977
Parties
Applicant / Executor and Trustee: Ruth Barbara Moore; Applicant / Executor and Trustee: Bruce Ian Humble; Deceased (will Maker): Barbara Vera Chandler
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 December 2020
Procedural Posture
Application Under S 14 Wills Act 2007 to Validate a Document as a Will / Judgment on the Papers; Application Determined
Outcome
Document annexed and marked 'H' to the affidavit of Ruth Barbara Moore sworn 14 August 2020 is declared the last will of Barbara Vera Chandler.
Legal Topics
Will Validation, Informal Will, Testamentary Intention, Wills Act S14
Wills and Estates Succession Civil Procedure Will Validation Informal Will Testamentary Intention Wills Act S14

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Parties

Ruth Barbara Moore

Applicant / Executor and Trustee

Bruce Ian Humble

Applicant / Executor and Trustee

Barbara Vera Chandler

Deceased (will Maker)

Procedural Posture

Application Under S 14 Wills Act 2007 to Validate a Document as a Will / Judgment on the Papers; Application Determined

Legal Issues

  1. 1 Whether the draft document, not fully witnessed as required by s11, can be declared a will under s14
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether preparatory steps and witness evidence suffice to establish intent despite lack of formal execution

Ratio Decidendi

The signed draft, despite non-compliance with s11 (only one witness), was prepared on solicitor instructions, amended and signed by Mrs Chandler in the presence of a witness who filed an affidavit, and formal execution was only prevented by her sudden death; therefore it satisfied s14 as expressing her testamentary intentions and was declared her last will.

Court Disposition

Document annexed and marked 'H' to the affidavit of Ruth Barbara Moore sworn 14 August 2020 is declared the last will of Barbara Vera Chandler.

Orders

  • Declare the document annexed and marked 'H' to the affidavit of Ruth Barbara Moore sworn 14 August 2020 is the last will of Barbara Vera Chandler.
  • No order as to costs.