Estate of Lorna Lucy Hutton [2014] NZHC 3174

Estate of Lorna Lucy Hutton [2014] NZHC 3174

The codicil was validated under s14 because it was in the deceased's handwriting, clearly manifested her testamentary intentions, and all affected parties consented, satisfying the statutory criteria for validation.

Citation
[2014] NZHC 3174
Parties
Plaintiff and Executor/trustee of the Estate: New Zealand Guardian Trust Company Limited; Deceased: Lorna Lucy Hutton; Beneficiary (nephew): David John Deane Cannon; Beneficiary (niece): Elva June Hata; Beneficiary (son of David Cannon): Richard Thomas Cannon
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 December 2014
Procedural Posture
Validation of Codicil Under Wills Act 2007 S14 / Judgment on Originating Application (on the Papers)
Outcome
Codicil dated 24 September 2013 declared valid under s14 of the Wills Act 2007
Legal Topics
Codicil Validation, Testamentary Intention, Formal Execution Requirements
Wills and Estates Probate Succession Law Codicil Validation Testamentary Intention Formal Execution Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

New Zealand Guardian Trust Company Limited

Plaintiff and Executor/trustee of the Estate

Lorna Lucy Hutton

Deceased

David John Deane Cannon

Beneficiary (nephew)

Elva June Hata

Beneficiary (niece)

Richard Thomas Cannon

Beneficiary (son of David Cannon)

Procedural Posture

Validation of Codicil Under Wills Act 2007 S14 / Judgment on Originating Application (on the Papers)

Legal Issues

  1. 1 Whether the handwritten unsigned document constitutes a will or codicil capable of validation under s14 of the Wills Act 2007
  2. 2 Whether the document expresses the deceased's testamentary intentions despite non‑compliance with s11 witnessing requirements

Ratio Decidendi

The codicil was validated under s14 because it was in the deceased's handwriting, clearly manifested her testamentary intentions, and all affected parties consented, satisfying the statutory criteria for validation.

Court Disposition

Codicil dated 24 September 2013 declared valid under s14 of the Wills Act 2007

Orders

  • Declare the codicil dated 24 September 2013 valid under s14 Wills Act 2007
  • Commence proceedings by originating application in accordance with Part 18 of the High Court Rules