ESTATE OF KATHLEEN GEORGINA ROBERTSON HC NAP CIV-2011-441-520

ESTATE OF KATHLEEN GEORGINA ROBERTSON HC NAP CIV-2011-441-520

Given conflicting authority on whether the attestation wording satisfies s 11(4) and because no party would be adversely affected, the appropriate and cautious course is to exercise s 14(2) and declare the will dated 14 December 2007 valid to remove any doubt.

Citation
openlaw-12a84347_4bcd_4a24_bd29_551105e71e37.pdf
Parties
Deceased/testatrix: Kathleen Georgina Robertson; Applicant: Applicant (executor or estate representative)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 October 2011
Procedural Posture
Will Validation / Judgment (order Made)
Outcome
Order made declaring the will of Kathleen Georgina Robertson dated 14 December 2007 valid pursuant to s 14(2) of the Wills Act 2007
Legal Topics
Will Formalities, Attestation, Validation Under Statute
Wills and Estates Probate Will Formalities Attestation Validation Under Statute

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Parties

Kathleen Georgina Robertson

Deceased/testatrix

Applicant (executor or estate representative)

Applicant

Procedural Posture

Will Validation / Judgment (order Made)

Legal Issues

  1. 1 Whether the attestation clause and witness signatures satisfy s 11(4) of the Wills Act 2007
  2. 2 Whether the Court should exercise s 14(2) of the Wills Act 2007 to declare a potentially defective will valid
  3. 3 Whether the application could be dealt with without notice under r 7.46(3)(e) High Court Rules

Ratio Decidendi

Given conflicting authority on whether the attestation wording satisfies s 11(4) and because no party would be adversely affected, the appropriate and cautious course is to exercise s 14(2) and declare the will dated 14 December 2007 valid to remove any doubt.

Court Disposition

Order made declaring the will of Kathleen Georgina Robertson dated 14 December 2007 valid pursuant to s 14(2) of the Wills Act 2007

Orders

  • The will of the deceased dated 14 December 2007 is declared valid.
  • The application is dealt with without notice under r 7.46(3)(e) High Court Rules.