RE ESTATE BAXTER [2021] NZHC 2289

RE ESTATE BAXTER [2021] NZHC 2289

On the balance of probabilities the court was satisfied the deceased attended his solicitor on 22 November 2007 and executed the will last modified on 21 November 2007; the combination of word‑processing metadata, the solicitor's diary entry, the firm's contemporaneous wills indexing practice and absence of any conflicting signed will established that the draft reflects the deceased's testamentary intentions, entitling validation under s14 and grant of probate.

Citation
[2021] NZHC 2289
Parties
Applicant: James Lewis Baxter; Interested Party: Charmaine Frances Baxter; Interested Party: Janice Madeline Hawker
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 September 2021
Procedural Posture
Application Under S 14 Wills Act 2007 (will Validation) / Hearing and Judgment (oral Judgment)
Outcome
Application granted: 2007 will declared valid and probate granted to the applicant
Legal Topics
Will Validation Under S 14, Unsigned Will, Testamentary Intentions, Evidence of Execution, Costs
Wills and Estates Probate Succession Law Family Protection Claims Will Validation Under S 14 Unsigned Will Testamentary Intentions Evidence of Execution +1 more

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Parties

James Lewis Baxter

Applicant

Charmaine Frances Baxter

Interested Party

Janice Madeline Hawker

Interested Party

Procedural Posture

Application Under S 14 Wills Act 2007 (will Validation) / Hearing and Judgment (oral Judgment)

Legal Issues

  1. 1 Whether the unsigned 2007 draft will expresses the deceased's testamentary intentions
  2. 2 Whether the deceased executed a will on 22 November 2007
  3. 3 Whether the draft produced is the same document entered in the firm's records and thus the signed will

Ratio Decidendi

On the balance of probabilities the court was satisfied the deceased attended his solicitor on 22 November 2007 and executed the will last modified on 21 November 2007; the combination of word‑processing metadata, the solicitor's diary entry, the firm's contemporaneous wills indexing practice and absence of any conflicting signed will established that the draft reflects the deceased's testamentary intentions, entitling validation under s14 and grant of probate.

Court Disposition

Application granted: 2007 will declared valid and probate granted to the applicant

Orders

  • The 2007 will of the deceased, David James Baxter, is declared a valid will
  • Probate of that 2007 will is granted to the applicant, James Lewis Baxter