RE POON (DECEASED) [2017] NZHC 199

RE POON (DECEASED) [2017] NZHC 199

The court was satisfied on the evidence, notably the lawyer's affidavit and the signed documents, that the document expressed the deceased's testamentary intentions and therefore, despite non‑compliance with s11, the document was declarable as a valid will under s14.

Citation
[2017] NZHC 199
Parties
Applicant: Phillip Lim; Deceased: Lim Poon
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 February 2017
Procedural Posture
Application Under Section 14 Wills Act 2007 / On the Papers; Application Made Without Notice
Outcome
Order under section 14 of the Wills Act 2007 declaring the specified documents to be the deceased's valid will
Legal Topics
Will Validation, Testamentary Intention, Execution Formalities, Section 14 Wills Act 2007
Wills and Succession Probate Civil Procedure Will Validation Testamentary Intention Execution Formalities Section 14 Wills Act 2007

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Parties

Phillip Lim

Applicant

Lim Poon

Deceased

Procedural Posture

Application Under Section 14 Wills Act 2007 / On the Papers; Application Made Without Notice

Legal Issues

  1. 1 Whether a document that does not comply with s11 can be declared valid under s14
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether the available evidence (document, signing/witnessing and lawyer's affidavit) satisfies s14

Ratio Decidendi

The court was satisfied on the evidence, notably the lawyer's affidavit and the signed documents, that the document expressed the deceased's testamentary intentions and therefore, despite non‑compliance with s11, the document was declarable as a valid will under s14.

Court Disposition

Order under section 14 of the Wills Act 2007 declaring the specified documents to be the deceased's valid will

Orders

  • Documents marked "A" and "B" exhibited to Mr Rowan's affidavit dated 1 November 2016 constitute a valid will under s14 of the Wills Act 2007