Re Beaumont (deceased) [2013] NZHC 2719

Re Beaumont (deceased) [2013] NZHC 2719

On the evidence — the deceased's expressed wishes to both sons, a completed will form in her possession consistent with those wishes, and precedents permitting validation of unsigned drafts where they reflect testamentary intention — the Court was satisfied to the civil standard that the unsigned document expressed the deceased's testamentary intentions and therefore s14(2) was satisfied.

Citation
[2013] NZHC 2719
Parties
Applicant: Michael Stanley Beaumont; Applicant: Jason Eric Beaumont; Deceased: Gloria Hazel Beaumont; Interested Party (de Facto Partner): Kerry Hall
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 October 2013
Procedural Posture
Will Validation (s 14 Wills Act 2007) / Without‑notice Application; Judgment
Outcome
Application granted; unsigned document declared the valid will of the deceased.
Legal Topics
Will Validation, Testamentary Intention, Unsigned Will, Standard of Proof, Intestacy
Wills and Succession Estate Administration Civil Procedure Will Validation Testamentary Intention Unsigned Will Standard of Proof Intestacy

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Parties

Michael Stanley Beaumont

Applicant

Jason Eric Beaumont

Applicant

Gloria Hazel Beaumont

Deceased

Kerry Hall

Interested Party (de Facto Partner)

Procedural Posture

Will Validation (s 14 Wills Act 2007) / Without‑notice Application; Judgment

Legal Issues

  1. 1 Whether the unsigned document expresses the deceased's testamentary intentions under s14(2) Wills Act 2007
  2. 2 Whether the application could be dealt with without notice
  3. 3 Appropriate standard and application of proof for s14(2) determination

Ratio Decidendi

On the evidence — the deceased's expressed wishes to both sons, a completed will form in her possession consistent with those wishes, and precedents permitting validation of unsigned drafts where they reflect testamentary intention — the Court was satisfied to the civil standard that the unsigned document expressed the deceased's testamentary intentions and therefore s14(2) was satisfied.

Court Disposition

Application granted; unsigned document declared the valid will of the deceased.

Orders

  • Declare valid as the will of Gloria Hazel Beaumont the original of the document annexed as exhibit 'C' to the affidavit of Michael Stanley Beaumont sworn 16 August 2012.
  • Application determined without notice under r 7.46 High Court Rules on the basis that all affected persons consented.