RE BRADLEY [2023] NZHC 2026

RE BRADLEY [2023] NZHC 2026

On the balance of probabilities the Court was satisfied the unsigned document expressed the deceased's testamentary intentions based on the solicitor's contemporaneous evidence and the informed consent of affected family members, and therefore the document was declared a valid will under s14 Wills Act 2007.

Source-derived case information.

Citation
[2023] NZHC 2026
Parties
Applicant: Luke David Bradley; Applicant: Patricia Margaret Haren; Deceased: Colin John Bradley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2023
Procedural Posture
Will Validation (s14 Wills Act 2007) / Originating Application Determined on the Papers (without Notice)
Outcome
Application granted.
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Without Notice Application
Wills and Succession Civil Procedure Validation of Unsigned Will Testamentary Intention Without Notice Application

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Parties

Luke David Bradley

Applicant

Patricia Margaret Haren

Applicant

Colin John Bradley

Deceased

Procedural Posture

Will Validation (s14 Wills Act 2007) / Originating Application Determined on the Papers (without Notice)

Legal Issues

  1. 1 Whether the unsigned document expresses the deceased's testamentary intentions for the purposes of s14 Wills Act 2007
  2. 2 Whether the application can be determined without service/notice
  3. 3 What evidentiary standard and type of evidence suffice to validate an unsigned will

Ratio Decidendi

On the balance of probabilities the Court was satisfied the unsigned document expressed the deceased's testamentary intentions based on the solicitor's contemporaneous evidence and the informed consent of affected family members, and therefore the document was declared a valid will under s14 Wills Act 2007.

Court Disposition

Application granted.

Orders

  • Service of the proceeding is dispensed with.
  • The document sent by Anderson Lloyd to Colin John Bradley on 17 February 2023 is declared to be the valid will of Colin John Bradley.