ESTATE OF ARONS HC AK CIV 2011-404-2137

ESTATE OF ARONS HC AK CIV 2011-404-2137

The Court validated the will under s14 Wills Act 2007 because the document, though not complying with s11 formalities, clearly expressed the deceased's testamentary intentions, there was credible evidence of testamentary capacity, the procedural defect (witnesses not present at execution and absent attestation clause) was an explicable mistake, and affected parties had been given notice and did not oppose validation.

Citation
openlaw-bca0c034_4480_4508_bfc8_7204a156f4eb.pdf
Parties
Deceased: Marie Louise Arons; Applicant Executor/trustee: Keith Stevens; Applicant Executor/trustee: Sandra Stevens; Predeceased Child and Formerly Named Co Executor: Clive Stevens; Potential Intestacy Beneficiary (consented): Unnamed grandson of Clive Stevens
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 December 2011
Procedural Posture
Probate and Will Validation / Application for Validation of Will and Grant of Probate (hearing on the Papers)
Outcome
Will validated under s14 Wills Act 2007; probate in solemn form granted to the applicants (Keith and Sandra Stevens)
Legal Topics
Will Validation Under Statute, Testamentary Capacity, Execution Formalities (witnessing and Attestation), Notice to Interested Parties, Validation Under Wills Act S14
Wills and Estates Probate Succession Will Validation Under Statute Testamentary Capacity Execution Formalities (witnessing and Attestation) Notice to Interested Parties Validation Under Wills Act S14

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Parties

Marie Louise Arons

Deceased

Keith Stevens

Applicant Executor/trustee

Sandra Stevens

Applicant Executor/trustee

Clive Stevens

Predeceased Child and Formerly Named Co Executor

Unnamed grandson of Clive Stevens

Potential Intestacy Beneficiary (consented)

Procedural Posture

Probate and Will Validation / Application for Validation of Will and Grant of Probate (hearing on the Papers)

Legal Issues

  1. 1 Whether the document complied with s11 Wills Act 2007 (two witnesses and attestation clause)
  2. 2 Whether the Court should validate the non-complying document under s14 Wills Act 2007
  3. 3 Whether the deceased had testamentary capacity when executing the will

Ratio Decidendi

The Court validated the will under s14 Wills Act 2007 because the document, though not complying with s11 formalities, clearly expressed the deceased's testamentary intentions, there was credible evidence of testamentary capacity, the procedural defect (witnesses not present at execution and absent attestation clause) was an explicable mistake, and affected parties had been given notice and did not oppose validation.

Court Disposition

Will validated under s14 Wills Act 2007; probate in solemn form granted to the applicants (Keith and Sandra Stevens)

Orders

  • Order validating the will dated 14 January 2009 under s14 Wills Act 2007
  • Grant of probate in solemn form to Keith Stevens and Sandra Stevens as executors/trustees