RE ESTATE OF LINDA MARIA LORD-HOGAN [2018] NZHC 1648
The Court was satisfied on the affidavit evidence of the sole witness that the document dated 7 June 2016 expressed the deceased's testamentary intentions and therefore, pursuant to s14 of the Wills Act 2007, the document is declared to be the valid will of Linda Maria Lord-Hogan.
Source-derived case information.
- Citation
- [2018] NZHC 1648
- Parties
- Applicant: Peter Edward Newfield; Applicant: Linda Tololi; Deceased: Linda Maria Lord-Hogan
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 July 2018
- Procedural Posture
- Application Under Wills Act 2007 for Declaration of Will Validity / Application for Declaration of Validity (on the Papers)
- Legal Topics
- Validity of Will, Wills Act 2007 S14, Testamentary Intention, Execution Formalities
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Edward Newfield
Applicant
Linda Tololi
Applicant
Linda Maria Lord-Hogan
Deceased
Procedural Posture
Application Under Wills Act 2007 for Declaration of Will Validity / Application for Declaration of Validity (on the Papers)
Legal Issues
- 1 Whether the document satisfies the formal witnessing requirements of s11 Wills Act 2007
- 2 Whether the Court should declare the document valid under s14 Wills Act 2007 despite non-compliance with s11
- 3 Whether the document expresses the deceased's testamentary intentions
Ratio Decidendi
The Court was satisfied on the affidavit evidence of the sole witness that the document dated 7 June 2016 expressed the deceased's testamentary intentions and therefore, pursuant to s14 of the Wills Act 2007, the document is declared to be the valid will of Linda Maria Lord-Hogan.
Full Case Text
Judgment text and source record
1 paragraphs
RE ESTATE OF LINDA MARIA LORD-HOGAN [2018] NZHC 1648 [5 July 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV2018-404-1272[2018] NZHC 1648IN THE ESTATE of LINDA MARIA LORD-HOGAN(Deceased)PETER EDWARD NEWFIELD ofAuckland, Retired Lawyer and LINDATOLOLI of Auckland, Sales AssistantApplicantsHearing: On the papersAppearances: L Hubbard for the ApplicantsJudgment: 5 July 2018JUDGMENT OF WOODHOUSE JSolicitors:Ms L Hubbard, O'Brien Ward, Solicitors, Auckland[1] The applicants, Mr Peter Newfield and Ms Linda Tololi, have applied for anorder declaring a document to be a valid will of Linda Maria Lord-Hogan.[2] Ms Lord-Hogan died on 14 July 2017. She left a document which appears tobe a will but which does not comply with s 11 of the Wills Act 2007 because there isonly one witness. Under s 14 of the Wills Act the Court may make an order declaringthe document valid if it is satisfied that the document expresses the deceased person'stestamentary intentions.[3] The application is supported by an affidavit of Ivy Jennifer Maree MacKenzie.Ms MacKenzie is the sole witness to the will. Ms MacKenzie's detailed evidence,relating to the signing of the will by Ms Lord-Hogan and Ms MacKenzie's signing aswitness, makes clear that the document was intended to be Ms Lord-Hogan's will. Nouncertainty arises from the fact that there is only one witness.[4] This application is made without notice to any other party. I am satisfied thatit is appropriate that the application be made without notice. This is because the onlypersons who have an interest in the question whether the document is a valid will haveconsented to an order being made that it is a valid will. These are the three personswho would be beneficiaries under Ms Lord-Hogan's prior will; a will dated 17 August2005.Order[5] In respect of the document described as "Will of Linda Maria Lord-Hogan"and dated 7 June 2016, a copy of which is annexure A to the affidavit of Ivy JenniferMaree MacKenzie sworn on 23 June 2018, there is an order declaring this documentto be a valid will of Linda Maria Lord-Hogan.______________________________Woodhouse J