ESTATE OF CLEVELAND [2016] NZHC 601

ESTATE OF CLEVELAND [2016] NZHC 601

The Court declared the handwritten 1998 document to be the deceased's valid will because, on the evidence (affidavits of the applicant, a witness and beneficiaries, and consents from beneficiaries), the document clearly expresses the deceased's testamentary intention and thus satisfies s 14 of the Wills Act 2007 despite non-compliance with s 11(4).

Citation
[2016] NZHC 601
Parties
Deceased: Anna Maria Cleveland; Applicant: Michael David Ferrari; Beneficiary: Craig Cleveland; Beneficiary: Louise Cleveland; Beneficiary: Ruth Cleveland
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 April 2016
Procedural Posture
Application Under S 14 Wills Act 2007 / On the Papers
Outcome
Declaration that the handwritten document dated 14 November 1998 is the valid will of Anna Maria Cleveland
Legal Topics
Statutory Will Validation, Wills Act 2007 S14, Testamentary Intention, Execution Formalities
Succession Wills Estate Law Statutory Will Validation Wills Act 2007 S14 Testamentary Intention Execution Formalities

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Parties

Anna Maria Cleveland

Deceased

Michael David Ferrari

Applicant

Craig Cleveland

Beneficiary

Louise Cleveland

Beneficiary

Ruth Cleveland

Beneficiary

Procedural Posture

Application Under S 14 Wills Act 2007 / On the Papers

Legal Issues

  1. 1 Whether the handwritten document dated 14 November 1998 is a valid will despite non-compliance with s 11(4) of the Wills Act 2007
  2. 2 Whether the document reflects the deceased's testamentary intention
  3. 3 Whether witness formalities (witnesses being together and witnessing/signing contemporaneously) are fatal to validity

Ratio Decidendi

The Court declared the handwritten 1998 document to be the deceased's valid will because, on the evidence (affidavits of the applicant, a witness and beneficiaries, and consents from beneficiaries), the document clearly expresses the deceased's testamentary intention and thus satisfies s 14 of the Wills Act 2007 despite non-compliance with s 11(4).

Court Disposition

Declaration that the handwritten document dated 14 November 1998 is the valid will of Anna Maria Cleveland

Orders

  • Declare the document dated 14 November 1998 to be the valid will of Anna Maria Cleveland pursuant to s 14 of the Wills Act 2007
  • Issue the draft order filed by the applicant