RE ESTATE OF ROBYN FAYE BLOCKER [2018] NZHC 3177
The will is declared valid under s 14 Wills Act 2007 because evidence established it was prepared before death and, in any event, it accurately reflects the testator's testamentary intention; minor differences to a prior handwritten will are immaterial and beneficiaries consented to validation.
Source-derived case information.
- Citation
- [2018] NZHC 3177
- Parties
- Applicant: Alan Melby Scott; Applicant: Bruce Donald Scott; Deceased: Robyn Faye Blocker; Residuary Beneficiary: Chelsea Vera Blocker; Residuary Beneficiary: Evan Dwayne Blocker
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 4 December 2018
- Procedural Posture
- Application for Declaration of Validity of Will Under Wills Act 2007 / Judgment on the Papers
- Outcome
- Will declared valid under s 14 of the Wills Act 2007
- Legal Topics
- Validation of Will, Declaration Under S 14 Wills Act 2007, Testamentary Intention, Beneficiary Consent
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alan Melby Scott
Applicant
Bruce Donald Scott
Applicant
Robyn Faye Blocker
Deceased
Chelsea Vera Blocker
Residuary Beneficiary
Evan Dwayne Blocker
Residuary Beneficiary
Procedural Posture
Application for Declaration of Validity of Will Under Wills Act 2007 / Judgment on the Papers
Legal Issues
- 1 Whether the will of Robyn Faye Blocker is valid under s 14 of the Wills Act 2007
- 2 Whether the document was prepared before death or may be validated if prepared after death because it reflects the testator's intention
- 3 Whether minor differences from a previous handwritten will affect validity
Ratio Decidendi
The will is declared valid under s 14 Wills Act 2007 because evidence established it was prepared before death and, in any event, it accurately reflects the testator's testamentary intention; minor differences to a prior handwritten will are immaterial and beneficiaries consented to validation.
Court Disposition
Will declared valid under s 14 of the Wills Act 2007
Orders
- Declaration that the will of Robyn Faye Blocker is valid under s 14 of the Wills Act 2007
Full Case Text
Judgment text and source record
1 paragraphs
RE ESTATE OF ROBYN FAYE BLOCKER [2018] NZHC 3177 [4 December 2018]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2018-485-920[2018] NZHC 3177UNDER the Wills Act 2007IN THE MATTER OF an application by ALAN MELBY SCOTT ofChristchurch, Manager and BRUCEDONALD SCOTT of Sydney, Australia, SelfEmployed for an order that the will ofROBYN FAYE BLOCKER of Lower Hutt,New Zealand, Retired, be declared validHearing: On the papersCounsel: P G LoganJudgment: 4 December 2018JUDGMENT OF GRICE J(Declaration of will valid under s 14 of Wills Act 2007)[1] Ms Robyn Blocker died at Lower Hutt about 18 June 2018.[2] Following an attendance on Ms Blocker, ARL Lawyers, Lower Hutt draftedher a will on 31 May 2018 and amended it on 14 June 2018 but did not send it to thedeceased until 20 June 2018.[3] There are minor differences between the will draft by ARL and a previoushandwritten will made by the deceased. They are not material.[4] The residuary beneficiaries, her children, Chelsea Vera Blocker and EvanDwayne Blocker have both consented to the validation of the will.[5] In my view, the evidence of Ms Hopkinson of ARL Lawyers into such theinstructions for the will establishes that it was prepared before Ms Blocker's death on18 June 2018. However, even if it was prepared after her death, I am satisfied that itshould be validated as it accurately reflects the will maker's intention.1_________________Grice JSolicitors:ARL Lawyers, Lower Hutt1 Pfander v Gregory [2018] NZHC 161 at [34] and Re Estate of Capstick [2018 NZHC 359 at [31].