Re Estate of Peter Chanel Peryer [2020] NZHC 1802

Re Estate of Peter Chanel Peryer [2020] NZHC 1802

On the evidence the court was satisfied the handwritten document contained the deceased's testamentary wishes and the attestation formalities were effectively satisfied, and accordingly declared the document to be the deceased's valid will under s 14 Wills Act 2007; the presence of a disposition to a witness rendered that disposition void under s 13 but did not invalidate the will as a whole.

Citation
[2020] NZHC 1802
Parties
Applicant: Clovis Eugene Peryer; Deceased: Peter Chanel Peryer
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 July 2020
Procedural Posture
Application Under S 14, Wills Act 2007 / On the Papers; Judgment Delivered 23 July 2020
Outcome
Declared the handwritten document appended to the affidavit of Clovis Eugene Peryer dated 14 February 2020 to be the valid will of Peter Chanel Peryer pursuant to s 14 of the Wills Act 2007.
Legal Topics
Validity of Will, Execution Formalities, Witnessing Requirements, Disposition to Witness Void (s13)
Wills and Succession Probate Civil Procedure Validity of Will Execution Formalities Witnessing Requirements Disposition to Witness Void (s13)

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Parties

Clovis Eugene Peryer

Applicant

Peter Chanel Peryer

Deceased

Procedural Posture

Application Under S 14, Wills Act 2007 / On the Papers; Judgment Delivered 23 July 2020

Legal Issues

  1. 1 Whether the handwritten document is a valid will under s 14 of the Wills Act 2007
  2. 2 Whether the required witnessing formalities were satisfied (witnesses attested in presence of each other)
  3. 3 Effect of a disposition to a witness under s 13 of the Wills Act 2007

Ratio Decidendi

On the evidence the court was satisfied the handwritten document contained the deceased's testamentary wishes and the attestation formalities were effectively satisfied, and accordingly declared the document to be the deceased's valid will under s 14 Wills Act 2007; the presence of a disposition to a witness rendered that disposition void under s 13 but did not invalidate the will as a whole.

Court Disposition

Declared the handwritten document appended to the affidavit of Clovis Eugene Peryer dated 14 February 2020 to be the valid will of Peter Chanel Peryer pursuant to s 14 of the Wills Act 2007.

Orders

  • Declare the document appended to the affidavit of Clovis Eugene Peryer dated 14 February 2020 to be the valid will of Peter Chanel Peryer pursuant to s 14 Wills Act 2007
  • Record that any disposition in the document to one of the witnesses is void under s 13 Wills Act 2007, subject to possible relief under s 13(2)