LOO SHE NG HC AK CIV-2012-404-5852

LOO SHE NG HC AK CIV-2012-404-5852

The Court was satisfied on the affidavit evidence (solicitor's contemporaneous notes and affidavit, beneficiary's affidavits and consent, absence of any competing will) that the unsigned document reflected the deceased's testamentary intentions within s14(2) of the Wills Act 2007 and therefore could be declared valid as her last will.

Citation
openlaw-0ab8e3e4_89be_4521_b8b1_6716659fdbe7.pdf
Parties
Applicant: Arthur Loo; Beneficiary/son: Hine Ng; Deceased: Loo She Ng
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 November 2012
Procedural Posture
Wills Act S14 Application (will Validation) / Decision on Papers (without Notice)
Outcome
Order declaring the unsigned document valid as the last will of Loo She Ng under s14 Wills Act 2007
Legal Topics
Validation of Unexecuted Will, Section 14 Wills Act 2007, Intestacy
Succession Wills Probate Validation of Unexecuted Will Section 14 Wills Act 2007 Intestacy

Case Brief

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Parties

Arthur Loo

Applicant

Hine Ng

Beneficiary/son

Loo She Ng

Deceased

Procedural Posture

Wills Act S14 Application (will Validation) / Decision on Papers (without Notice)

Legal Issues

  1. 1 Whether the unsigned document expresses the deceased's testamentary intentions under s14 Wills Act 2007
  2. 2 Whether the without‑notice procedure was appropriate and who required notice
  3. 3 Whether the affidavit evidence (solicitor's notes and beneficiary's statements) sufficiently supports a s14 declaration

Ratio Decidendi

The Court was satisfied on the affidavit evidence (solicitor's contemporaneous notes and affidavit, beneficiary's affidavits and consent, absence of any competing will) that the unsigned document reflected the deceased's testamentary intentions within s14(2) of the Wills Act 2007 and therefore could be declared valid as her last will.

Court Disposition

Order declaring the unsigned document valid as the last will of Loo She Ng under s14 Wills Act 2007

Orders

  • Declare valid as the last will of Mrs Loo She Ng the document marked 'A' attached to the affidavit of Arthur Loo (sworn 21 September 2012)
  • Registrar to endorse this judgment with a delivery time of 3 p.m. on 8 November 2012