RE HIKAIRO [2020] NZHC 1339

RE HIKAIRO [2020] NZHC 1339

The document, though not witnessed by two people as required by s11, plainly records the deceased's testamentary intention, was made in New Zealand, there was no competing will, one son consented and the other cannot be located, and the appointment language sufficiently identifies an executor; accordingly the Court declared it a valid will under s14 of the Wills Act 2007.

Citation
[2020] NZHC 1339
Parties
Applicant: Phillip Hikairo; Deceased: David Tewi Poumako
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2020
Procedural Posture
Application Under Wills Act 2007 for Declaration of Validity of a Will / Judgment on Application (on the Papers)
Outcome
Application granted
Legal Topics
Validity of Will, Execution Formalities, Testamentary Intention, Appointment of Executor, Wills Act S11 S14
Succession Wills Probate Estate Administration Validity of Will Execution Formalities Testamentary Intention Appointment of Executor +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Phillip Hikairo

Applicant

David Tewi Poumako

Deceased

Procedural Posture

Application Under Wills Act 2007 for Declaration of Validity of a Will / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether a document failing s11 witnessing formalities can be declared a valid will under s14 of the Wills Act 2007
  2. 2 Whether any undisclosed spouse or child affects making of the declaration
  3. 3 Whether the wording appointing a person to ‘manage all affairs’ suffices to identify an executor/personal representative

Ratio Decidendi

The document, though not witnessed by two people as required by s11, plainly records the deceased's testamentary intention, was made in New Zealand, there was no competing will, one son consented and the other cannot be located, and the appointment language sufficiently identifies an executor; accordingly the Court declared it a valid will under s14 of the Wills Act 2007.

Court Disposition

Application granted

Orders

  • Declare that the document in Schedule A is the valid last will and testament of David Tewi Poumako
  • Declare that the appointment of Phillip Hikairo to manage the deceased's affairs is sufficient to identify him as the personal representative/executor for the purposes of administration of the estate