ESTATE OF URUAMO [2017] NZHC 931

ESTATE OF URUAMO [2017] NZHC 931

The unsigned, undated December 2010 draft will was declared valid because the Court was satisfied it embodied the deceased's testamentary intentions at death, there was no evidence of change in intention or circumstance, and the beneficiaries consented.

Citation
[2017] NZHC 931
Parties
Deceased: Whetumarama Ote Haahi Ratana Uruamo; Applicant: Applicant
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 May 2017
Procedural Posture
Application Under S 14 Wills Act 2007 / Heard on Papers
Outcome
Declaration that the undated and unsigned draft will is the valid will of the deceased.
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Delay Between Drafting and Execution
Wills Succession Probate Validation of Unsigned Will Testamentary Intention Delay Between Drafting and Execution

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Parties

Whetumarama Ote Haahi Ratana Uruamo

Deceased

Applicant

Applicant

Procedural Posture

Application Under S 14 Wills Act 2007 / Heard on Papers

Legal Issues

  1. 1 Whether an unsigned draft will can be validated under s 14 of the Wills Act 2007
  2. 2 Whether the lengthy lapse between drafting and death indicates a change in testamentary intention

Ratio Decidendi

The unsigned, undated December 2010 draft will was declared valid because the Court was satisfied it embodied the deceased's testamentary intentions at death, there was no evidence of change in intention or circumstance, and the beneficiaries consented.

Court Disposition

Declaration that the undated and unsigned draft will is the valid will of the deceased.

Orders

  • Declare that the undated and unsigned draft will prepared for Mrs Whetumarama Ote Haahi Ratana Uruamo in December 2010 and appended to the application is her valid will.