PARSONS v WILSON [2015] NZHC 3133

PARSONS v WILSON [2015] NZHC 3133

The 21 May 2014 letter disposes of the deceased's property, was proven to be in his handwriting, and was supported by cogent factual evidence of the deceased's relationships and prior handwritten amendments indicating intent; therefore it appears to be a will and expresses testamentary intentions within s14 Wills...

Source-derived case information.

Citation
[2015] NZHC 3133
Parties
Deceased: Eric William Parsons; Applicant/intended Executor: Richard George Wilson; Interested Party/residuary Beneficiary (withdrew Opposition): Terry Sherson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 December 2015
Procedural Posture
Application Under Section 14 Wills Act 2007 (declaration of Document as Will) / Judgment on Application (on the Papers)
Outcome
Court declared the 21 May 2014 letter a valid will under s14 Wills Act 2007, declared it revoked the 27 November 1989 will, appointed Richard George Wilson as intended executor and trustee, and ordered costs to be paid from the estate.
Legal Topics
Formality of Wills, Testamentary Intention, Revocation of Wills, S14 Wills Act 2007 Declarations
Wills and Estates Probate Succession Law Formality of Wills Testamentary Intention Revocation of Wills S14 Wills Act 2007 Declarations

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Parties

Eric William Parsons

Deceased

Richard George Wilson

Applicant/intended Executor

Terry Sherson

Interested Party/residuary Beneficiary (withdrew Opposition)

Procedural Posture

Application Under Section 14 Wills Act 2007 (declaration of Document as Will) / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether the 21 May 2014 letter appears to be a will within s14 of the Wills Act 2007
  2. 2 Whether the letter expresses the deceased's testamentary intentions
  3. 3 Whether the 21 May 2014 letter validly revoked the 27 November 1989 will

Ratio Decidendi

The 21 May 2014 letter disposes of the deceased's property, was proven to be in his handwriting, and was supported by cogent factual evidence of the deceased's relationships and prior handwritten amendments indicating intent; therefore it appears to be a will and expresses testamentary intentions within s14 Wills Act 2007, justifying a declaration of validity, revocation of the prior 1989 will, and appointment of the applicant as executor.

Court Disposition

Court declared the 21 May 2014 letter a valid will under s14 Wills Act 2007, declared it revoked the 27 November 1989 will, appointed Richard George Wilson as intended executor and trustee, and ordered costs to be paid from the estate.

Orders

  • Declare the letter dated 21 May 2014 from Eric William Parsons to Richard George Wilson is a valid will under section 14 Wills Act 2007
  • Declare that the revocation in the 21 May 2014 letter revoked the 27 November 1989 will held with Jackson Russell