RE BUSH [2021] NZHC 733

RE BUSH [2021] NZHC 733

Although neither the 15 July 2015 revocation note nor the 14 June 2016 will complied with the s11 witnessing formalities, the High Court declared both documents valid under s14 because they were signed by the deceased and, on the facts and corroborating evidence (the 2015 letter, contemporaneous video and...

Source-derived case information.

Citation
[2021] NZHC 733
Parties
Applicant: Bronwyn Maria Bush; Deceased: Robert Rapi Te Pohe Bush; Beneficiary: Rapi Hunia Bush; Beneficiary: Helen Lorraine Bush; Beneficiary: Neihana Jackson Bush; Beneficiary (minor): Kiana Cotter Te Pohe Bush
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 April 2021
Procedural Posture
Application Under Wills Act 2007 for Validation of Will and Revocation / Judgment on Application (decision Issued)
Outcome
Application granted
Legal Topics
Will Validation, Revocation of Will, Testamentary Intention, Court Dispensation Under S14 Wills Act 2007
Wills and Estates Probate Succession Law Will Validation Revocation of Will Testamentary Intention Court Dispensation Under S14 Wills Act 2007

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Parties

Bronwyn Maria Bush

Applicant

Robert Rapi Te Pohe Bush

Deceased

Rapi Hunia Bush

Beneficiary

Helen Lorraine Bush

Beneficiary

Neihana Jackson Bush

Beneficiary

Kiana Cotter Te Pohe Bush

Beneficiary (minor)

Procedural Posture

Application Under Wills Act 2007 for Validation of Will and Revocation / Judgment on Application (decision Issued)

Legal Issues

  1. 1 Whether the 15 July 2015 note constitutes a valid revocation of the 16 May 2005 will under s14/s16 of the Wills Act 2007 despite non‑compliance with s11
  2. 2 Whether the 14 June 2016 note constitutes a valid will under s14 of the Wills Act 2007 despite non‑compliance with s11
  3. 3 Whether the documents express the deceased's testamentary intentions and are sufficiently corroborated

Ratio Decidendi

Although neither the 15 July 2015 revocation note nor the 14 June 2016 will complied with the s11 witnessing formalities, the High Court declared both documents valid under s14 because they were signed by the deceased and, on the facts and corroborating evidence (the 2015 letter, contemporaneous video and surrounding circumstances), plainly expressed the deceased's testamentary intentions.

Court Disposition

Application granted

Orders

  • The purported revocation dated 15 July 2015 is declared valid pursuant to s16 of the Wills Act 2007.
  • The purported will dated 14 June 2016 is declared valid pursuant to s14 of the Wills Act 2007, subject to the parties adhering to the conditions of the minor beneficiary's consent as set out in Louise Taylor's memorandum of 4 March 2021.