ESTATE OF FREDERICK JAMES WHITTAKER [2017] NZHC 2199

ESTATE OF FREDERICK JAMES WHITTAKER [2017] NZHC 2199

The court was satisfied the typed, unsigned, undated document met s 14: it appeared to be a will, was created in New Zealand, and corroborating evidence established it expressed the deceased's testamentary intentions; there were no competing wills or opposition, therefore the document was declared a valid will under s 14.

Citation
[2017] NZHC 2199
Parties
Applicant: Olwen Clare Williams; Deceased: Frederick James Whittaker; Interested Party: Shelley Winks
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 September 2017
Procedural Posture
Application Under Wills Act 2007 S 14 / Judgment (high Court Declaration)
Outcome
Document declared a valid will under s 14 of the Wills Act 2007
Legal Topics
Declaration of Validity of Will, S 14 Wills Act 2007, Undated/unexecuted Wills, Testamentary Intention
Wills and Succession Probate Estate Law Civil Procedure Declaration of Validity of Will S 14 Wills Act 2007 Undated/unexecuted Wills Testamentary Intention

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Parties

Olwen Clare Williams

Applicant

Frederick James Whittaker

Deceased

Shelley Winks

Interested Party

Procedural Posture

Application Under Wills Act 2007 S 14 / Judgment (high Court Declaration)

Legal Issues

  1. 1 Whether an unsigned, undated document can be declared a valid will under s 14 of the Wills Act 2007
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether there is sufficient corroborating evidence and absence of competing wills or opposition

Ratio Decidendi

The court was satisfied the typed, unsigned, undated document met s 14: it appeared to be a will, was created in New Zealand, and corroborating evidence established it expressed the deceased's testamentary intentions; there were no competing wills or opposition, therefore the document was declared a valid will under s 14.

Court Disposition

Document declared a valid will under s 14 of the Wills Act 2007

Orders

  • The document marked "B" and exhibited to Ms Williams' affidavit dated 9 May 2017 constitutes a valid will under s 14 of the Wills Act 2007.