ESTATE OF PAUL HC INV CIV 2010-425-000598

ESTATE OF PAUL HC INV CIV 2010-425-000598

Despite misspellings of names and the absence of an attestation clause, admissible affidavits and evidence established that the deceased signed the handwritten document and that two witnesses were present and signed; the document therefore expressed the deceased's testamentary intentions and the will is valid, so probate is to be granted.

Citation
openlaw-969a3b14_3be2_4669_a48a_5a6e598ae8d0.pdf
Parties
Applicant/executor: Kenneth Norman Murray; Deceased: Mark Samuel Paul; Witness: Charlotte Foster (formerly Hogan); Witness: Jacqueline Anne Murray; Potential Interested Party: Colin Hiakiati Paul; Potential Interested Party: Kiri Tuhura
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2012
Procedural Posture
Application for Grant of Probate / Validity of Will / Judgment (high Court Invercargill)
Outcome
Will declared valid and grant of probate ordered in favour of applicant
Legal Topics
Will Validity, Attestation Clause, Misspelling of Names, Wills Act 2007 S14 Validation Power
Wills and Succession Probate Estate Administration Will Validity Attestation Clause Misspelling of Names Wills Act 2007 S14 Validation Power

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Kenneth Norman Murray

Applicant/executor

Mark Samuel Paul

Deceased

Charlotte Foster (formerly Hogan)

Witness

Jacqueline Anne Murray

Witness

Colin Hiakiati Paul

Potential Interested Party

Kiri Tuhura

Potential Interested Party

Procedural Posture

Application for Grant of Probate / Validity of Will / Judgment (high Court Invercargill)

Legal Issues

  1. 1 Whether the handwritten will complies with s11 Wills Act 2007
  2. 2 Whether absence of an attestation clause invalidates the will
  3. 3 Whether misspelling of names defeats testamentary intention

Ratio Decidendi

Despite misspellings of names and the absence of an attestation clause, admissible affidavits and evidence established that the deceased signed the handwritten document and that two witnesses were present and signed; the document therefore expressed the deceased's testamentary intentions and the will is valid, so probate is to be granted.

Court Disposition

Will declared valid and grant of probate ordered in favour of applicant

Orders

  • Declare valid the will dated 22 November 2006 of Mark Samuel Paul.
  • Grant probate to Kenneth Norman Murray as executor.