IN THE ESTATE OF TRACEY ANN WEBSTER [2016] NZHC 1834

The handwritten document dated 13 May 2016 was declared a valid will because it plainly expressed the deceased's testamentary intentions and s14 allows validation despite failure to meet s11 formalities.

Citation: [2016] NZHC 1834
Parties: Deceased: Tracey Ann Webster; Applicant: Applicant (widower); Interested Party Parent: Robert Leslie Fargher; Interested Party Parent: Susan Kay Fargher
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 8 August 2016
Procedural Posture: Will Validation Under Wills Act 2007 S14 / Application on Papers; Judgment
Outcome: Order under s14 of the Wills Act 2007 validating the document dated 13 May 2016 as the last will of Tracey Ann Webster.
Legal Topics: Validation of Will, Testamentary Intention, Intestacy

Wills and Estates Succession Validation of Will Testamentary Intention Intestacy

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Parties

Tracey Ann Webster

Deceased

Applicant (widower)

Applicant

Robert Leslie Fargher

Interested Party Parent

Susan Kay Fargher

Interested Party Parent

Procedural Posture

Will Validation Under Wills Act 2007 S14 / Application on Papers; Judgment

Legal Issues

1 Whether the handwritten document dated 13 May 2016 expresses the deceased's testamentary intentions and can be validated under s14 of the Wills Act 2007
2 Whether non-compliance with s11 (signature and witnessing requirements) is cured by s14 given the document's clear testamentary intention

Ratio Decidendi

Court Disposition

Order under s14 of the Wills Act 2007 validating the document dated 13 May 2016 as the last will of Tracey Ann Webster.

Orders

Declare the document dated 13 May 2016 to be the valid will of Tracey Ann Webster pursuant to s14 Wills Act 2007
Validate the copy annexed to the applicant's affidavit marked 'A' as the will