ESTATE OF A WRIGHT HC AK CIV-2012-404-007615

ESTATE OF A WRIGHT HC AK CIV-2012-404-007615

The document, though not complying with s 11 formalities, was found to evidence Alan Wright's testamentary intention supported by signature comparison and affidavits, no competing document existed and beneficiaries consented; accordingly the court exercised s 14 and declared the document to be the valid will.

Citation
openlaw-cd93b209_690c_4459_84e6_308ff8a85885.pdf
Parties
Deceased (testator): Alan Frederic Wright; Applicant: John Walter Wright; Beneficiary and Affiant: Helen Louise Wright; Beneficiary: Jonathan Thomas Wright; Beneficiary: Christopher Andrew Wright; Minor Beneficiary: Philip Scott Wright
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 January 2013
Procedural Posture
Application Under S 14 Wills Act 2007 for Declaration That Informal Document Is a Valid Will / Judgment on the Papers (application Determined)
Outcome
Application granted; the 19 January 2007 document declared the valid will of Alan Frederic Wright.
Legal Topics
Informal Will, Testamentary Intention, Wills Act S14 Declaration, Formalities of Execution S11, Consent to Service
Wills and Estates Succession Probate Estate Administration Informal Will Testamentary Intention Wills Act S14 Declaration Formalities of Execution S11 +1 more

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Parties

Alan Frederic Wright

Deceased (testator)

John Walter Wright

Applicant

Helen Louise Wright

Beneficiary and Affiant

Jonathan Thomas Wright

Beneficiary

Christopher Andrew Wright

Beneficiary

Philip Scott Wright

Minor Beneficiary

Procedural Posture

Application Under S 14 Wills Act 2007 for Declaration That Informal Document Is a Valid Will / Judgment on the Papers (application Determined)

Legal Issues

  1. 1 Whether the document constitutes a valid will despite non-compliance with s 11 formalities
  2. 2 Whether the document evidences the deceased's testamentary intention
  3. 3 Whether the court may make the declaration without further service given consents

Ratio Decidendi

The document, though not complying with s 11 formalities, was found to evidence Alan Wright's testamentary intention supported by signature comparison and affidavits, no competing document existed and beneficiaries consented; accordingly the court exercised s 14 and declared the document to be the valid will.

Court Disposition

Application granted; the 19 January 2007 document declared the valid will of Alan Frederic Wright.

Orders

  • Declare the document dated 19 January 2007 headed 'will and testament of Alan Frederick Wright' to be the valid will of Alan Frederic Wright.
  • No further service of the application required given the written consents of the adult beneficiaries and the applicant's consent on behalf of the minor beneficiary.