RE RAE [2021] NZHC 881

RE RAE [2021] NZHC 881

The contested will, when read with the contemporaneous note and supported by affidavits, clearly expressed the deceased's testamentary intentions despite non‑compliance with the statutory execution requirements; therefore the Court exercised its s14 power to declare the document valid, subject to the condition that...

Source-derived case information.

Citation
[2021] NZHC 881
Parties
Applicant: Malcolm Lewis Rae; Applicant: Sarah Jane McDonald Rae; Deceased: Olwen Frances Rae
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 April 2021
Procedural Posture
Application Under Wills Act 2007 S14 / Judgment on Application (on the Papers)
Outcome
Document attached as exhibit A declared to be the valid will of Olwen Frances Rae; validation conditioned on applicants personally meeting specified bequests from the earlier will.
Legal Topics
Will Validation, Testamentary Intent, Formalities and Execution, Court Declaration Under S14
Wills and Estates Succession Probate Will Validation Testamentary Intent Formalities and Execution Court Declaration Under S14

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Malcolm Lewis Rae

Applicant

Sarah Jane McDonald Rae

Applicant

Olwen Frances Rae

Deceased

Procedural Posture

Application Under Wills Act 2007 S14 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether the contested will and associated note express the deceased's testamentary intentions despite non-compliance with s15/s11
  2. 2 Whether the Court should exercise its s14 power to validate alterations not properly executed
  3. 3 Effect of consent by affected parties on proceeding without notice

Ratio Decidendi

The contested will, when read with the contemporaneous note and supported by affidavits, clearly expressed the deceased's testamentary intentions despite non‑compliance with the statutory execution requirements; therefore the Court exercised its s14 power to declare the document valid, subject to the condition that the applicants personally honour certain bequests from the earlier will.

Court Disposition

Document attached as exhibit A declared to be the valid will of Olwen Frances Rae; validation conditioned on applicants personally meeting specified bequests from the earlier will.

Orders

  • The document attached as exhibit A to the applicants' affidavit is declared to be the valid will of the deceased, Olwen Frances Rae.
  • The applicants are, in their personal capacity, jointly ordered to meet the bequests to the beneficiaries of the original will as set out at [10] of the judgment.