Re: The Estate of ALEBEL [2022] NZHC 2237

Re: The Estate of ALEBEL [2022] NZHC 2237

The draft will was declared valid because the Court was satisfied it objectively expressed the deceased's testamentary intentions based on her communications with the solicitor and others, absence of evidence of any change of intention before death, and therefore s14 Wills Act 2007 empowered the Court to validate the unsigned document and order probate to the named executors.

Citation
[2022] NZHC 2237
Parties
Applicant Named Executor: Carlene Merlyn Murray; Applicant Named Executor: Steven Noel Murray; Deceased: Zena Fenta Alebel; Former Husband / Interested Party: Selamyehun Alemayehu Dessisa; Solicitor (drafter of Will): Elizabeth Butler; Guardian (appointed by Family Court): Teganesh Woldie
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 September 2022
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) and Application for Probate / Judgment on the Papers (order Issued)
Outcome
Application granted: the draft document declared the valid last will of the deceased and probate ordered to issue to the named executors.
Legal Topics
Will Validation, Grant of Probate, Testamentary Intentions, Execution Formalities, Section 14 Wills Act 2007
Wills and Estates Probate Succession Will Validation Grant of Probate Testamentary Intentions Execution Formalities Section 14 Wills Act 2007

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Parties

Carlene Merlyn Murray

Applicant Named Executor

Steven Noel Murray

Applicant Named Executor

Zena Fenta Alebel

Deceased

Selamyehun Alemayehu Dessisa

Former Husband / Interested Party

Elizabeth Butler

Solicitor (drafter of Will)

Teganesh Woldie

Guardian (appointed by Family Court)

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) and Application for Probate / Judgment on the Papers (order Issued)

Legal Issues

  1. 1 Whether the unsigned draft document expresses the deceased's testamentary intentions for the purposes of s 14 Wills Act 2007
  2. 2 Whether the Court should validate the unsigned will and grant probate to the named executors

Ratio Decidendi

The draft will was declared valid because the Court was satisfied it objectively expressed the deceased's testamentary intentions based on her communications with the solicitor and others, absence of evidence of any change of intention before death, and therefore s14 Wills Act 2007 empowered the Court to validate the unsigned document and order probate to the named executors.

Court Disposition

Application granted: the draft document declared the valid last will of the deceased and probate ordered to issue to the named executors.

Orders

  • Declare the document annexed to Ms Butler's affidavit to be the valid will of the deceased pursuant to s14 Wills Act 2007
  • Direct that probate in common form of that document issue to the applicants Carlene Merlyn Murray and Steven Noel Murray as named executors