Estate of ANTHONY PAUL FLANAGAN [2016] NZHC 2995

Estate of ANTHONY PAUL FLANAGAN [2016] NZHC 2995

The Court granted the application under s14 Wills Act 2007 because affidavit evidence established that the 30 May 2015 document expressed the deceased's testamentary intentions and all persons who would be affected by the declaration consented, making it appropriate to validate the document as his last will.

Citation
[2016] NZHC 2995
Parties
Deceased: Anthony Paul Flanagan; Applicant: Lynette Philippa Ford
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 December 2016
Procedural Posture
Probate / Will Validation / Decision on Application Under S14 Wills Act 2007 (on the Papers)
Outcome
Application granted; document declared the last will and testament of Anthony Paul Flanagan and probate granted in terms of the draft order.
Legal Topics
Validation of Informal Will, Testamentary Intention, Wills Act 2007 S14
Wills and Probate Succession Validation of Informal Will Testamentary Intention Wills Act 2007 S14

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Parties

Anthony Paul Flanagan

Deceased

Lynette Philippa Ford

Applicant

Procedural Posture

Probate / Will Validation / Decision on Application Under S14 Wills Act 2007 (on the Papers)

Legal Issues

  1. 1 Whether the 30 May 2015 document may be declared a valid will despite non‑compliance with s11 Wills Act 2007
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether consent of affected persons supports granting probate

Ratio Decidendi

The Court granted the application under s14 Wills Act 2007 because affidavit evidence established that the 30 May 2015 document expressed the deceased's testamentary intentions and all persons who would be affected by the declaration consented, making it appropriate to validate the document as his last will.

Court Disposition

Application granted; document declared the last will and testament of Anthony Paul Flanagan and probate granted in terms of the draft order.

Orders

  • Declare the 30 May 2015 document to be the last will and testament of Anthony Paul Flanagan pursuant to s14 Wills Act 2007
  • Grant probate in terms of the draft order accompanying the application