RE Wilson [2023] NZHC 276

RE Wilson [2023] NZHC 276

The High Court declared the handwritten 2 November 2019 note to be the deceased's last will because, although it did not comply with s11 witnessing formalities, it clearly appeared to be a will and the evidence satisfied that it expressed the deceased's testamentary intentions; consent of affected family members and the small size of the estate supported the order.

Citation
[2023] NZHC 276
Parties
Applicant: David Christopher Ruth; Deceased: Stefan Andrew Wilson; Mother and Beneficiary Under Will: Heather Elizabeth Wilson; Child of Deceased: Ophelia Heather Harriman; Child of Deceased: Mackenzie George Harriman; Child of Deceased: Kyla Elizabeth Margaret Evans; Estranged Spouse: Kate Wilson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 February 2023
Procedural Posture
Will Validation Under S14 Wills Act 2007 (probate) / Application for Declaration (judgment on Papers)
Outcome
Document validated as the deceased's last will under s14 Wills Act 2007
Legal Topics
Validation of Informal Will, Testamentary Intention, Non Compliance With Formalities (s11), Family Protection Act Claim Potential
Wills and Estates Probate Family Protection Inheritance Law Validation of Informal Will Testamentary Intention Non Compliance With Formalities (s11) Family Protection Act Claim Potential

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Parties

David Christopher Ruth

Applicant

Stefan Andrew Wilson

Deceased

Heather Elizabeth Wilson

Mother and Beneficiary Under Will

Ophelia Heather Harriman

Child of Deceased

Mackenzie George Harriman

Child of Deceased

Kyla Elizabeth Margaret Evans

Child of Deceased

Kate Wilson

Estranged Spouse

Procedural Posture

Will Validation Under S14 Wills Act 2007 (probate) / Application for Declaration (judgment on Papers)

Legal Issues

  1. 1 Whether the handwritten 2 November 2019 note qualifies as a will under s14 Wills Act 2007
  2. 2 Whether the document, despite failing s11 formalities, expresses the deceased's testamentary intentions
  3. 3 Whether omission of provision for children prevents validation

Ratio Decidendi

The High Court declared the handwritten 2 November 2019 note to be the deceased's last will because, although it did not comply with s11 witnessing formalities, it clearly appeared to be a will and the evidence satisfied that it expressed the deceased's testamentary intentions; consent of affected family members and the small size of the estate supported the order.

Court Disposition

Document validated as the deceased's last will under s14 Wills Act 2007

Orders

  • Declare the handwritten document dated 2 November 2019 to be the last will of Stefan Andrew Wilson pursuant to s14 Wills Act 2007
  • Costs of the application to be met from the estate