Estate of BJ Ross [2017] NZHC 1230

The court declared the unsigned 2015 will valid under s14(2) of the Wills Act 2007 because it was satisfied the document accurately reflected the deceased's testamentary intentions at the time it was prepared and at the time of death, and the interested parties consented to validation.

Citation: [2017] NZHC 1230
Parties: Applicant: Andrew Brian Ross; Deceased: Brian Joseph Ross; Interested Party: Katrina Michele Orr; Interested Party: Rosemarie Jean Costar
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 7 June 2017
Procedural Posture: Will Validation (section 14 Wills Act 2007) / Judgment on the Papers
Outcome: Unsigned will declared valid under s14(2) Wills Act 2007
Legal Topics: Unsigned Will Validation, Testamentary Intention, Relationship Property

Wills and Estates Family Property Succession Unsigned Will Validation Testamentary Intention Relationship Property

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Parties

Andrew Brian Ross

Applicant

Brian Joseph Ross

Deceased

Katrina Michele Orr

Interested Party

Rosemarie Jean Costar

Interested Party

Procedural Posture

Will Validation (section 14 Wills Act 2007) / Judgment on the Papers

Legal Issues

1 Whether an unsigned will may be declared valid under s14 Wills Act 2007
2 Whether the unsigned 2015 will reflected the deceased's testamentary intentions at the time of death
3 Whether parties' separation and agreement on disposition affected validation

Ratio Decidendi

Court Disposition

Unsigned will declared valid under s14(2) Wills Act 2007

Orders

Under s14(2) of the Wills Act 2007 the unsigned will prepared for the late Brian Joseph Ross in June 2015 is declared valid
Costs between the interested parties shall lie where they fall