RE MURRAY (DECEASED) HC MAS CIV-2011-435-178

RE MURRAY (DECEASED) HC MAS CIV-2011-435-178

Applying s14 of the Wills Act 2007, the Court was satisfied from the circumstances—purchase and completion of a pre-printed will form, contemporaneous attendance of witnesses, imminent surgery and ill health—that the document expressed the deceased's testamentary intentions; the failure to sign was a mistake rather...

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Citation
openlaw-ed7d28ad_44dd_46b0_8759_f18caf56d64d.pdf
Parties
Deceased: Alistar Raymond Murray; Applicant: Mr Holdaway; Applicant: Ms Taplin; Solicitor for Estate: WCM Legal
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2011
Procedural Posture
Wills Validation / Application for Declaration Under S14 Wills Act 2007 (on the Papers, Without Notice)
Outcome
Declaration that the document is valid as the last will of Alistar Raymond Murray
Legal Topics
Will Validation, Testamentary Intention, Execution Requirements, Service and Notice, Statutory Interpretation
Succession Wills Probate Civil Procedure Will Validation Testamentary Intention Execution Requirements Service and Notice +1 more

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Parties

Alistar Raymond Murray

Deceased

Mr Holdaway

Applicant

Ms Taplin

Applicant

WCM Legal

Solicitor for Estate

Procedural Posture

Wills Validation / Application for Declaration Under S14 Wills Act 2007 (on the Papers, Without Notice)

Legal Issues

  1. 1 Whether a document that does not comply with formal execution requirements (s11) can be declared valid under s14 of the Wills Act 2007
  2. 2 Whether the unsigned handwritten document expressed the deceased's testamentary intentions
  3. 3 Whether the deceased's failure to sign indicated revocation or change of mind

Ratio Decidendi

Applying s14 of the Wills Act 2007, the Court was satisfied from the circumstances—purchase and completion of a pre-printed will form, contemporaneous attendance of witnesses, imminent surgery and ill health—that the document expressed the deceased's testamentary intentions; the failure to sign was a mistake rather than a revocation, therefore the document is valid as his last will.

Court Disposition

Declaration that the document is valid as the last will of Alistar Raymond Murray

Orders

  • Declare the document (photocopy attached to application dated 21 October 2011) valid as the last will of Alistar Raymond Murray
  • Registrar to endorse this judgment with a delivery time of 3pm on 20 December 2011