Estate of EVELYN ELIZABETH ROBINS [2016] NZHC 2994

Estate of EVELYN ELIZABETH ROBINS [2016] NZHC 2994

The Court held that the draft document appeared to be a codicil, it did not comply with s11 because it was unsigned, and on the sworn evidence of the solicitor and supporting executors together with the consents of affected beneficiaries the Court was satisfied it expressed the deceased's testamentary wishes; accordingly the Court granted validation under s14 (with s8(3)(e) permitting a codicil to be treated as a 'will').

Citation
[2016] NZHC 2994
Parties
Deceased: Evelyn Elizabeth Robins; Applicant/executor: Barbara Anne Peddie; Applicant/executor: Barbara Josephine Austin; Applicant/executor: Madeline Jane Austin; Beneficiary: Jeremy Robins; Beneficiary: Nicholas Robins; Proposed Beneficiary: Deborah Turner; Proposed Beneficiary: Troy Turner
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 December 2016
Procedural Posture
Will Validation / S 14 Wills Act 2007 / Application for Validation of Intended Codicil (on the Papers)
Outcome
Order under s14 of the Wills Act 2007 validating the intended codicil as a codicil to the deceased's will dated 31 March 2011
Legal Topics
Codicil Validation, Testamentary Intention, Formalities (s11), Wills Act 2007 S14, S8(3)(e) Definition of Will
Wills and Estates Probate Succession Codicil Validation Testamentary Intention Formalities (s11) Wills Act 2007 S14 S8(3)(e) Definition of Will

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Parties

Evelyn Elizabeth Robins

Deceased

Barbara Anne Peddie

Applicant/executor

Barbara Josephine Austin

Applicant/executor

Madeline Jane Austin

Applicant/executor

Jeremy Robins

Beneficiary

Nicholas Robins

Beneficiary

Deborah Turner

Proposed Beneficiary

Troy Turner

Proposed Beneficiary

Procedural Posture

Will Validation / S 14 Wills Act 2007 / Application for Validation of Intended Codicil (on the Papers)

Legal Issues

  1. 1 Whether an unsigned drafted codicil can be validated under s14 of the Wills Act 2007
  2. 2 Whether the document appears to be a codicil and fails s11 formalities
  3. 3 Whether the document expresses the deceased's testamentary wishes

Ratio Decidendi

The Court held that the draft document appeared to be a codicil, it did not comply with s11 because it was unsigned, and on the sworn evidence of the solicitor and supporting executors together with the consents of affected beneficiaries the Court was satisfied it expressed the deceased's testamentary wishes; accordingly the Court granted validation under s14 (with s8(3)(e) permitting a codicil to be treated as a 'will').

Court Disposition

Order under s14 of the Wills Act 2007 validating the intended codicil as a codicil to the deceased's will dated 31 March 2011

Orders

  • Order made under s14 Wills Act 2007 validating the intended codicil dated 13 October 2016 as a codicil to the will dated 31 March 2011