WARDILL & PASLEY [2016] NZHC 3114

WARDILL & PASLEY [2016] NZHC 3114

On the balance of probabilities the unsigned draft will prepared by Ms Wardill reflected the deceased's genuine testamentary intentions and there was a credible explanation for failure to execute the formalities (deceased's desire to avoid conflict and conceal instructions from partner while terminally ill); therefore the draft will is validated under s14 Wills Act 2007.

Citation
[2016] NZHC 3114
Parties
Applicant (solicitor): Patricia Diane Wardill; Applicant: David Robert Pasley; Interested Party: Christopher Grant Anderson; Interested Party: John Rattray
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 December 2016
Procedural Posture
Application Under S 14 Wills Act 2007 (validation of Unsigned Will) / Judgment (decision on Application)
Outcome
Unsigned draft will (exhibit C to Wardill affidavit) declared valid as the will of Sandy Maureen Anderson under s14 Wills Act 2007
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Undue Influence/controlling Behaviour, Relationship Property Contracting Out Agreement
Wills and Succession Family Property Probate Validation of Unsigned Will Testamentary Intention Undue Influence/controlling Behaviour Relationship Property Contracting Out Agreement

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Parties

Patricia Diane Wardill

Applicant (solicitor)

David Robert Pasley

Applicant

Christopher Grant Anderson

Interested Party

John Rattray

Interested Party

Procedural Posture

Application Under S 14 Wills Act 2007 (validation of Unsigned Will) / Judgment (decision on Application)

Legal Issues

  1. 1 Whether the unsigned draft will expressed the deceased's testamentary intentions
  2. 2 Whether there is a satisfactory explanation for failure to comply with will formalities before death
  3. 3 Whether allegations of influence or pressure (including controlling behaviour) undermine testamentary intention

Ratio Decidendi

On the balance of probabilities the unsigned draft will prepared by Ms Wardill reflected the deceased's genuine testamentary intentions and there was a credible explanation for failure to execute the formalities (deceased's desire to avoid conflict and conceal instructions from partner while terminally ill); therefore the draft will is validated under s14 Wills Act 2007.

Court Disposition

Unsigned draft will (exhibit C to Wardill affidavit) declared valid as the will of Sandy Maureen Anderson under s14 Wills Act 2007

Orders

  • Declare the unsigned draft will dated following instructions of 4 Feb 2015 and 14 May 2015 (exhibit C to Wardill affidavit) valid under s14 Wills Act 2007
  • Costs to be met from the estate; if parties cannot agree leave granted for filing submissions on costs within 20 working days of judgment