Re Estate of Olive Ruby Piper [2021] NZHC 534

Re Estate of Olive Ruby Piper [2021] NZHC 534

The application to validate the draft will was declined because the Court was not satisfied on the balance of probabilities that the draft prepared 30 March 2020 and sent 22 April 2020 expressed the deceased's testamentary intentions, given the lack of confirmation by the deceased, the significant delay before death and the destruction of primary handwritten notes, such that s 14 could not be applied.

Citation
[2021] NZHC 534
Parties
Applicant / Proposed Executor and Trustee: Public Trust; Deceased: Olive Ruby Piper
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 March 2021
Procedural Posture
Will Validation Under S 14 Wills Act 2007 / Judgment on Originating Application (on the Papers)
Outcome
Application declined.
Legal Topics
Will Validation, Testamentary Intentions, Formalities of Execution, Electronic/draft Wills, Section 14 Wills Act 2007
Wills and Succession Probate Will Validation Testamentary Intentions Formalities of Execution Electronic/draft Wills Section 14 Wills Act 2007

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Parties

Public Trust

Applicant / Proposed Executor and Trustee

Olive Ruby Piper

Deceased

Procedural Posture

Will Validation Under S 14 Wills Act 2007 / Judgment on Originating Application (on the Papers)

Legal Issues

  1. 1 Whether the draft document prepared 30 March 2020 and sent 22 April 2020 constitutes the deceased's will for the purposes of s 14 Wills Act 2007
  2. 2 Whether s 14 can validate a document that does not comply with s 11 where there is no confirmation by the testator after receipt of the draft
  3. 3 The weight to be given to delay between instructions, drafting, sending the draft and the testator's death

Ratio Decidendi

The application to validate the draft will was declined because the Court was not satisfied on the balance of probabilities that the draft prepared 30 March 2020 and sent 22 April 2020 expressed the deceased's testamentary intentions, given the lack of confirmation by the deceased, the significant delay before death and the destruction of primary handwritten notes, such that s 14 could not be applied.

Court Disposition

Application declined.

Orders

  • Application under section 14 of the Wills Act 2007 to validate the draft will of Olive Ruby Piper is declined.