H V P HC AK CIV-2011-404-7304

H V P HC AK CIV-2011-404-7304

The Court exercised its s 14 discretion and declared the 18 September 2011 document to be the deceased's valid last will because it met the s 14(1) preconditions, did not comply with s 11 solely due to lack of witnesses, and on its terms and the surrounding evidence (specific dispositions, clause 23 and the deceased's immediate suicide) clearly expressed the deceased's testamentary intentions.

Citation
openlaw-363f38f7_73f0_47d4_91f1_caaf857fb159.pdf
Parties
Plaintiff: H; Defendant: P
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 February 2012
Procedural Posture
Application Under S 14 Wills Act 2007 for Validation of a Will / Final Judgment (orders Made 10 February 2012; Reasons Delivered 24 April 2012)
Outcome
Declaration that the document dated 18 September 2011 is the valid last will of the deceased; costs orders made against the estate.
Legal Topics
Will Validation, Testamentary Intention, Wills Act S14, Formalities of Execution
Wills and Succession Estate Law Civil Procedure Will Validation Testamentary Intention Wills Act S14 Formalities of Execution

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Parties

H

Plaintiff

P

Defendant

Procedural Posture

Application Under S 14 Wills Act 2007 for Validation of a Will / Final Judgment (orders Made 10 February 2012; Reasons Delivered 24 April 2012)

Legal Issues

  1. 1 Whether the 18 September 2011 document qualifies as a "will" under s 8 and s 6 of the Wills Act 2007
  2. 2 Whether s 14 High Court discretion applies where the document did not comply with s 11 formalities
  3. 3 Whether the document expresses the deceased's testamentary intentions

Ratio Decidendi

The Court exercised its s 14 discretion and declared the 18 September 2011 document to be the deceased's valid last will because it met the s 14(1) preconditions, did not comply with s 11 solely due to lack of witnesses, and on its terms and the surrounding evidence (specific dispositions, clause 23 and the deceased's immediate suicide) clearly expressed the deceased's testamentary intentions.

Court Disposition

Declaration that the document dated 18 September 2011 is the valid last will of the deceased; costs orders made against the estate.

Orders

  • Under s 14 Wills Act 2007 the 18 September 2011 document is declared valid as the last will of C, deceased
  • Costs of the plaintiff of and incidental to the proceeding are payable from the estate of the deceased as a first charge on the estate