Est of Crowle [2023] NZHC 1775

Est of Crowle [2023] NZHC 1775

The Court validated the unsigned 2022 draft Will under s14 because the documentary and email evidence, together with solicitor instructions and the parties' agreement, showed the draft reflected the deceased's testamentary intention. The s14 application was permitted to be commenced as an originating application in the Wellington Registry and service was dispensed with. The Court declined to make a grant of Letters of Administration and declined to permit the Letters of Administration application to be commenced as an originating application.

Citation
[2023] NZHC 1775
Parties
Applicant and Intended Executor: Ian Frederick Crowle; Deceased: Peter Leslie Crowle; Beneficiary and Affected Party: Adult daughter of the deceased; Beneficiary and Affected Party: Nephew of the deceased
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 July 2023
Procedural Posture
Will Validation Under S14 Wills Act 2007; Application for Letters of Administration / On the Papers; Interlocutory Applications; Judgment
Outcome
Unsigned and undated 2022 draft Will declared valid as the deceased's last Will; leave granted for the s14 application to be commenced as an originating application in the Wellington Registry and service dispensed with; no grant of Letters of Administration was made and leave to commence that application as an...
Legal Topics
Will Validation, Section 14 Wills Act 2007, Letters of Administration, Deed of Family Arrangement, Probate Procedure
Wills and Estates Probate Law Family Law Civil Procedure Will Validation Section 14 Wills Act 2007 Letters of Administration Deed of Family Arrangement +1 more

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Parties

Ian Frederick Crowle

Applicant and Intended Executor

Peter Leslie Crowle

Deceased

Adult daughter of the deceased

Beneficiary and Affected Party

Nephew of the deceased

Beneficiary and Affected Party

Procedural Posture

Will Validation Under S14 Wills Act 2007; Application for Letters of Administration / On the Papers; Interlocutory Applications; Judgment

Legal Issues

  1. 1 Whether an unsigned 2022 draft Will can be validated under s14 of the Wills Act 2007
  2. 2 Whether to grant Letters of Administration of the 2019 Will
  3. 3 Whether the application may be brought as an originating application and service dispensed with

Ratio Decidendi

The Court validated the unsigned 2022 draft Will under s14 because the documentary and email evidence, together with solicitor instructions and the parties' agreement, showed the draft reflected the deceased's testamentary intention. The s14 application was permitted to be commenced as an originating application in the Wellington Registry and service was dispensed with. The Court declined to make a grant of Letters of Administration and declined to permit the Letters of Administration application to be commenced as an originating application.

Court Disposition

Unsigned and undated 2022 draft Will declared valid as the deceased's last Will; leave granted for the s14 application to be commenced as an originating application in the Wellington Registry and service dispensed with; no grant of Letters of Administration was made and leave to commence that application as an...

Orders

  • Leave granted to commence the s14 Wills Act 2007 application by originating application in the Wellington High Court Registry and service of the application is dispensed with.
  • The unsigned and undated 2022 draft Will annexed to the applicant's affidavit is declared valid as the last Will of the deceased.