IN THE ESTATE OF BRIAN ANTHONY [2017] NZHC 1536

IN THE ESTATE OF BRIAN ANTHONY [2017] NZHC 1536

The document prepared in March 2011 satisfied the statutory criteria in s14 (it appeared to be a will, originated in New Zealand, and expressed the deceased's testamentary intentions) despite non‑compliance with s11, and there was no evidence of changed intention or opposition; accordingly the document was declared the valid last will of Brian Anthony.

Citation
[2017] NZHC 1536
Parties
Applicant: Darryl Anthony; Deceased: Brian Anthony
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 July 2017
Procedural Posture
Application Under S14 Wills Act 2007 (probate) / Decision on Application (judgment on Papers)
Outcome
The 2011 document is declared to be the valid last will of Brian Anthony pursuant to s14 Wills Act 2007.
Legal Topics
Recognition of Unsigned Document as Will, S14 Wills Act 2007, Mutual Wills, Formal Execution Requirements (s11)
Wills Succession Probate Recognition of Unsigned Document as Will S14 Wills Act 2007 Mutual Wills Formal Execution Requirements (s11)

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Parties

Darryl Anthony

Applicant

Brian Anthony

Deceased

Procedural Posture

Application Under S14 Wills Act 2007 (probate) / Decision on Application (judgment on Papers)

Legal Issues

  1. 1 Whether the unsigned document may be recognised as the deceased's last will under s14 Wills Act 2007
  2. 2 Whether the document satisfies the s14 criteria (appears to be a will; non‑compliance with s11; came into existence in New Zealand; expresses testamentary intentions)
  3. 3 Whether there is evidence of changed testamentary intention or opposition by interested parties

Ratio Decidendi

The document prepared in March 2011 satisfied the statutory criteria in s14 (it appeared to be a will, originated in New Zealand, and expressed the deceased's testamentary intentions) despite non‑compliance with s11, and there was no evidence of changed intention or opposition; accordingly the document was declared the valid last will of Brian Anthony.

Court Disposition

The 2011 document is declared to be the valid last will of Brian Anthony pursuant to s14 Wills Act 2007.

Orders

  • The application may be commenced by way of originating application; no further service is required.
  • The document prepared by Corban Revell Lawyers in March 2011 and headed as the will of Brian Anthony is declared to be the valid last will of the said Brian Anthony.