RE PRINCE (DECEASED) HC PMN CIV-2011-454-510

RE PRINCE (DECEASED) HC PMN CIV-2011-454-510

The 30 September 2008 document is a codicil within the definition of will and, although it did not comply with s 11 formalities, the Court had power under s 14 to declare it valid because it plainly expressed the deceased's testamentary intentions; s 15 did not apply to this separate codicil, and the application could be heard without notice under r 7.46.

Citation
openlaw-198b5dda_6fac_42b7_b2e6_0c3594f65ecb.pdf
Parties
Deceased/testator: Herbert Arthur Leonard Prince; Applicant/sole Beneficiary: Darryl-Lee Prince; Named Executor: Barclays Bank International Executor and Trust Company (Private) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2012
Procedural Posture
Application Under Wills Act 2007 for Declaration of Validity of Codicil / Judgment on Papers Determined Without Notice
Outcome
Application granted
Legal Topics
Codicil, Declaration of Validity, Wills Act 2007 S14, Executor Appointment, Testamentary Intention, Without Notice Application
Wills and Estates Civil Procedure Codicil Declaration of Validity Wills Act 2007 S14 Executor Appointment Testamentary Intention Without Notice Application

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Parties

Herbert Arthur Leonard Prince

Deceased/testator

Darryl-Lee Prince

Applicant/sole Beneficiary

Barclays Bank International Executor and Trust Company (Private) Limited

Named Executor

Procedural Posture

Application Under Wills Act 2007 for Declaration of Validity of Codicil / Judgment on Papers Determined Without Notice

Legal Issues

  1. 1 Whether the application could be heard without notice under High Court Rules r 7.46
  2. 2 Whether the 30 September 2008 document is a valid change to the 1972 will
  3. 3 Whether s 15 of the Wills Act 2007 applies to a separate codicil

Ratio Decidendi

The 30 September 2008 document is a codicil within the definition of will and, although it did not comply with s 11 formalities, the Court had power under s 14 to declare it valid because it plainly expressed the deceased's testamentary intentions; s 15 did not apply to this separate codicil, and the application could be heard without notice under r 7.46.

Court Disposition

Application granted

Orders

  • Application determined without serving notice under r 7.46 High Court Rules
  • Declare valid, as a codicil to the will of the deceased dated 22 September 1972, the document dated 30 September 2008