Estate of RASTRICK [2022] NZHC 1650

The Court was satisfied the document dated 3 June 2022 plainly expressed the deceased's testamentary intention and therefore met the requirements of s14 of the Wills Act 2007; the document is declared her last will.

Citation: [2022] NZHC 1650
Parties: Deceased: Shannon Alexandra Rastrick; Applicant: Glenn Peter Rastrick
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 13 July 2022
Procedural Posture: Will Validation Under Wills Act 2007 / Judgment on Application (on the Papers)
Outcome: Document dated 3 June 2022 declared to be the last will of Shannon Alexandra Rastrick.
Legal Topics: Validation of Document as Will, Testamentary Intention, Wills Act 2007 S14

Wills and Succession Probate Validation of Document as Will Testamentary Intention Wills Act 2007 S14

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Shannon Alexandra Rastrick

Deceased

Glenn Peter Rastrick

Applicant

Procedural Posture

Will Validation Under Wills Act 2007 / Judgment on Application (on the Papers)

Legal Issues

1 Whether the document dated 3 June 2022 satisfies s 14 of the Wills Act 2007 and should be declared the deceased's last will
2 Whether the document, although unsigned and unwitnessed, nonetheless expresses the deceased's testamentary intention
3 Whether there are competing wills or interested parties opposing validation

Ratio Decidendi

Court Disposition

Document dated 3 June 2022 declared to be the last will of Shannon Alexandra Rastrick.

Orders

Declare the document dated 3 June 2022 to be the last will of Shannon Alexandra Rastrick under s14 Wills Act 2007.
Formalise appointment of Glenn Peter Rastrick as executor and trustee as named in the will document.