Re Reynolds (deceased) [2013] NZHC 3245

Re Reynolds (deceased) [2013] NZHC 3245

The document was declared a valid will because it had the appearance of a will and the evidence established that it expressed the deceased's testamentary intentions despite non-compliance with formal witnessing requirements; the application could be heard without notice given beneficiary consent and the small...

Source-derived case information.

Citation
[2013] NZHC 3245
Parties
Deceased: Hank Reynolds; Applicant: Applicant; Beneficiary: Doris Pearl Reynolds; Daughter: Ms Rennie
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 December 2013
Procedural Posture
Will Validation / Application Without Notice; Judgment on the Papers
Outcome
Order declaring the attached original document to be the valid will of the deceased, correction of an obvious name error under s 31, and referral to the registrar for consideration of letters of administration with the will annexed.
Legal Topics
Validity of Will, Execution Formalities, Testamentary Intention, Rectification of Will, Letters of Administration
Wills and Estates Probate Validity of Will Execution Formalities Testamentary Intention Rectification of Will Letters of Administration

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Parties

Hank Reynolds

Deceased

Applicant

Applicant

Doris Pearl Reynolds

Beneficiary

Ms Rennie

Daughter

Procedural Posture

Will Validation / Application Without Notice; Judgment on the Papers

Legal Issues

  1. 1 Whether the application could be heard without notice under High Court Rules r 7.46(3)
  2. 2 Whether the document appears to be a will (s 14(1)(a) Wills Act 2007)
  3. 3 Whether the document expresses the deceased's testamentary intentions (s 14(2) Wills Act 2007)

Ratio Decidendi

The document was declared a valid will because it had the appearance of a will and the evidence established that it expressed the deceased's testamentary intentions despite non-compliance with formal witnessing requirements; the application could be heard without notice given beneficiary consent and the small estate, and the court corrected an obvious name error under s 31.

Court Disposition

Order declaring the attached original document to be the valid will of the deceased, correction of an obvious name error under s 31, and referral to the registrar for consideration of letters of administration with the will annexed.

Orders

  • Declare original document marked A to the application valid as the will of Hank Reynolds
  • Correct the name 'Dennis Pearl Reynolds' to 'Doris Pearl Reynolds' in the will pursuant to s 31 Wills Act 2007