Estate of JOHN LINDSAY CAMPBELL [2020] NZHC 2395

Estate of JOHN LINDSAY CAMPBELL [2020] NZHC 2395

The Court declared the handwritten document a valid will document because on the evidence it reflected the deceased's testamentary intentions at the relevant time, the absence of witnessing was an oversight rather than negating testamentary intent, the deceased was sufficiently lucid when he executed and showed the document, and the disposition (transfer of his half-share in the property to his widow) was consistent with the earlier will and beneficiaries consented or did not oppose.

Citation
[2020] NZHC 2395
Parties
Applicant/executor: Stephen John Campbell; Applicant/executor: Shaughan Mark Campbell; Deceased: John Lindsay Campbell; Widow/interested Party: Margaret Campbell-Huggins
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 September 2020
Procedural Posture
Application Under Wills Act 2007 S14 to Validate Codicil / Application for Declaration of Validity of Codicil and to Obtain Probate
Outcome
Application granted; codicil declared valid and leave granted to commence by originating application; costs to be paid as a first charge on the estate.
Legal Topics
Codicil Validation, Testamentary Intentions, Formal Execution Requirements, Wills Act 2007 S14, Originating Application Under High Court Rules
Wills and Estates Probate Succession Trusts Codicil Validation Testamentary Intentions Formal Execution Requirements Wills Act 2007 S14 +1 more

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Parties

Stephen John Campbell

Applicant/executor

Shaughan Mark Campbell

Applicant/executor

John Lindsay Campbell

Deceased

Margaret Campbell-Huggins

Widow/interested Party

Procedural Posture

Application Under Wills Act 2007 S14 to Validate Codicil / Application for Declaration of Validity of Codicil and to Obtain Probate

Legal Issues

  1. 1 Whether the handwritten unsigned document constitutes a valid codicil under s14 Wills Act 2007
  2. 2 Whether the document reflects the deceased's testamentary intentions
  3. 3 Whether lack of witnessing is excused as oversight and does not defeat validation

Ratio Decidendi

The Court declared the handwritten document a valid will document because on the evidence it reflected the deceased's testamentary intentions at the relevant time, the absence of witnessing was an oversight rather than negating testamentary intent, the deceased was sufficiently lucid when he executed and showed the document, and the disposition (transfer of his half-share in the property to his widow) was consistent with the earlier will and beneficiaries consented or did not oppose.

Court Disposition

Application granted; codicil declared valid and leave granted to commence by originating application; costs to be paid as a first charge on the estate.

Orders

  • Leave granted to commence the proceeding by originating application
  • The document executed by John Lindsay Campbell on or about 7 October 2018 is declared a valid will document