ESTATE OF KUIHAERE MARIA EDMONDS [2016] NZHC 2151

ESTATE OF KUIHAERE MARIA EDMONDS [2016] NZHC 2151

The court was satisfied on the evidence that the deceased intended the document to be her will and the statutory criteria of s14 Wills Act 2007 were met; accordingly the document was declared a valid will.

Source-derived case information.

Citation
[2016] NZHC 2151
Parties
Applicant: Moengaroa Maria Edmonds; Deceased: Kuihaere Maria Edmonds; Estate: Estate of Kuihaere Maria Edmonds
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 September 2016
Procedural Posture
Application Under Wills Act 2007 S14 / Judgment on the Papers
Outcome
Order under s14 Wills Act 2007 declaring the document marked 'A' annexed to the affidavit of Moengaroa Maria Edmonds to be a valid will
Legal Topics
Validation of Will, Section 14 Wills Act 2007
Wills and Succession Probate Validation of Will Section 14 Wills Act 2007

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moengaroa Maria Edmonds

Applicant

Kuihaere Maria Edmonds

Deceased

Estate of Kuihaere Maria Edmonds

Estate

Procedural Posture

Application Under Wills Act 2007 S14 / Judgment on the Papers

Legal Issues

  1. 1 Whether the unsigned document should be declared a valid will under s14 Wills Act 2007
  2. 2 Whether evidence establishes the deceased intended the document to be her will despite lack of formal signing
  3. 3 Whether consent of beneficiaries affects the exercise of the court's power under s14

Ratio Decidendi

The court was satisfied on the evidence that the deceased intended the document to be her will and the statutory criteria of s14 Wills Act 2007 were met; accordingly the document was declared a valid will.

Court Disposition

Order under s14 Wills Act 2007 declaring the document marked 'A' annexed to the affidavit of Moengaroa Maria Edmonds to be a valid will

Orders

  • Declare document marked 'A' annexed to the affidavit of Moengaroa Maria Edmonds to be a valid will under s14 Wills Act 2007