Re ESTATE OF J A BRAITHWAITE [2023] NZHC 198

Re ESTATE OF J A BRAITHWAITE [2023] NZHC 198

The unsigned draft was declared the deceased's last will because admissible affidavit evidence established it reflected the deceased's testamentary intentions, there was no evidence she changed her mind, and interested parties consented, satisfying s14 of the Wills Act 2007.

Citation
[2023] NZHC 198
Parties
Applicant: Gregory Dougal Sinclair Arnold; Deceased: Jennifer Anne Braithwaite
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 February 2023
Procedural Posture
Wills Act S14 Validation Application / Judgment (on the Papers)
Outcome
Application granted; document declared valid as the last will of the deceased.
Legal Topics
Validation of Unexecuted Will, Testamentary Intention, Execution Formalities, Wills Act 2007 S14
Wills and Succession Probate Trusts Validation of Unexecuted Will Testamentary Intention Execution Formalities Wills Act 2007 S14

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Parties

Gregory Dougal Sinclair Arnold

Applicant

Jennifer Anne Braithwaite

Deceased

Procedural Posture

Wills Act S14 Validation Application / Judgment (on the Papers)

Legal Issues

  1. 1 Whether an unsigned and unwitnessed draft can be declared a valid will under s14 of the Wills Act 2007
  2. 2 Whether the document reflects the deceased's testamentary intention
  3. 3 Whether lack of opposition and consent of interested parties supports validation

Ratio Decidendi

The unsigned draft was declared the deceased's last will because admissible affidavit evidence established it reflected the deceased's testamentary intentions, there was no evidence she changed her mind, and interested parties consented, satisfying s14 of the Wills Act 2007.

Court Disposition

Application granted; document declared valid as the last will of the deceased.

Orders

  • The document annexed and marked "C" to the affidavit of Gregory Dougal Sinclair Arnold dated 3 November 2022 is declared valid as the last Will of Jennifer Anne Braithwaite.
  • The applicant's costs and expenses of and incidental to bringing the application are to be met from the estate of Jennifer Anne Braithwaite.