Re Estate of John William Brown [2022] NZHC 858

Re Estate of John William Brown [2022] NZHC 858

The 12 May 2021 email manifested the testator's testamentary intention to make his daughter sole beneficiary; although it did not comply with s11 formalities, under s14 the Court may validate such a document when satisfied it expresses testamentary intention; accordingly the email is a valid codicil and amends the 3 November 2010 will as stated.

Citation
[2022] NZHC 858
Parties
Deceased: John William Brown; Applicant / Named Executor: Vanessa Louise Kelly; Applicant / Named Executor: Elspeth Jinny Horner; Beneficiary / Child: Stella Kelly Brown
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2022
Procedural Posture
Application for Declaration Under S14 Wills Act 2007 (will/codicil) / Determination on the Papers (without Notice)
Outcome
Application granted; email dated 12 May 2021 declared a valid codicil to the Will dated 3 November 2010 under s14 Wills Act 2007
Legal Topics
Codicil, Testamentary Intention, Formal Validity of Wills, S14 Declarations, Electronic Communication as Will
Wills and Succession Probate Codicil Testamentary Intention Formal Validity of Wills S14 Declarations Electronic Communication as Will

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Parties

John William Brown

Deceased

Vanessa Louise Kelly

Applicant / Named Executor

Elspeth Jinny Horner

Applicant / Named Executor

Stella Kelly Brown

Beneficiary / Child

Procedural Posture

Application for Declaration Under S14 Wills Act 2007 (will/codicil) / Determination on the Papers (without Notice)

Legal Issues

  1. 1 Whether the 12 May 2021 email constitutes a valid codicil despite not complying with s11 formalities
  2. 2 Whether the email was made in New Zealand and manifested testamentary intention
  3. 3 Whether the application could proceed without notice given beneficiaries' consent

Ratio Decidendi

The 12 May 2021 email manifested the testator's testamentary intention to make his daughter sole beneficiary; although it did not comply with s11 formalities, under s14 the Court may validate such a document when satisfied it expresses testamentary intention; accordingly the email is a valid codicil and amends the 3 November 2010 will as stated.

Court Disposition

Application granted; email dated 12 May 2021 declared a valid codicil to the Will dated 3 November 2010 under s14 Wills Act 2007

Orders

  • Declare the email dated 12 May 2021 sent at 2:31 pm a valid codicil to the Will dated 3 November 2010
  • The Will of 3 November 2010 shall take effect as to appointment of executors etc but subject to the variation recorded in the 12 May 2021 email (Stella to be sole beneficiary)