PUBLIC TRUST v LINLEY ANNE STEVENS, MICHAEL DAVID SCOTT and ROBERT JOHN SCOTT [2018] NZHC 2995

PUBLIC TRUST v LINLEY ANNE STEVENS, MICHAEL DAVID SCOTT and ROBERT JOHN SCOTT [2018] NZHC 2995

The draft will was declared valid under s14(2) of the Wills Act 2007 because it expressed the deceased's testamentary intentions; however the Public Trust was not entitled to recover its costs from the estate because it failed to follow its own procedures and acted unfairly and unresponsively in the circumstances, so the first defendants were awarded costs against the estate.

Citation
[2018] NZHC 2995
Parties
Plaintiff: Public Trust; First Defendant: Linley Anne Stevens; First Defendant: Michael David Scott; First Defendant: Robert John Scott; Second Defendant: Fred Hollows Foundation New Zealand; Third Defendant: St John Nelson; Fourth Defendant: Nelson Marlborough Rescue Helicopter Trust; Fifth Defendant: Life Flight Trust; Sixth Defendant: Christians Against Poverty; Seventh Defendant: Nelson Women's Refuge; Eighth Defendant: Christian Blind Mission International New Zealand; Ninth Defendant: Search and Rescue Nelson Incorporated; Tenth Defendant: Coastguard Nelson; Eleventh Defendant: Nelson Surf Life Saving; Twelfth Defendant: World Vision Trust Board International; Thirteenth Defendant: Salvation Army Nelson; Fourteenth Defendant: Tear Fund; Fifteenth Defendant: Gospel for Asia; Sixteenth Defendant: Nelson Tasman Region Hospice Investment Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 November 2018
Procedural Posture
Application Under Wills Act 2007 to Validate a Draft Unsigned Will / High Court Judgment on Application
Outcome
Draft will declared valid; Public Trust denied recovery of its application costs from the estate; first defendants awarded costs against the estate with any dispute as to reasonableness to be determined by the Registrar.
Legal Topics
Validation of Unsigned/draft Will Under Statutory Provision, Testamentary Capacity, Executor Duties and Professional Standards, Court's Discretion as to Costs
Wills and Succession Probate Estate Administration Costs Validation of Unsigned/draft Will Under Statutory Provision Testamentary Capacity Executor Duties and Professional Standards Court's Discretion as to Costs

Case Brief

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Parties

Public Trust

Plaintiff

Linley Anne Stevens

First Defendant

Michael David Scott

First Defendant

Robert John Scott

First Defendant

Fred Hollows Foundation New Zealand

Second Defendant

St John Nelson

Third Defendant

Nelson Marlborough Rescue Helicopter Trust

Fourth Defendant

Life Flight Trust

Fifth Defendant

Christians Against Poverty

Sixth Defendant

Nelson Women's Refuge

Seventh Defendant

Christian Blind Mission International New Zealand

Eighth Defendant

Search and Rescue Nelson Incorporated

Ninth Defendant

Coastguard Nelson

Tenth Defendant

Nelson Surf Life Saving

Eleventh Defendant

World Vision Trust Board International

Twelfth Defendant

Salvation Army Nelson

Thirteenth Defendant

Tear Fund

Fourteenth Defendant

Gospel for Asia

Fifteenth Defendant

Nelson Tasman Region Hospice Investment Trust

Sixteenth Defendant

Procedural Posture

Application Under Wills Act 2007 to Validate a Draft Unsigned Will / High Court Judgment on Application

Legal Issues

  1. 1 Whether the draft unsigned will expressed the deceased's testamentary intentions under s14(2) Wills Act 2007
  2. 2 Whether the Public Trust breached its duties/how its procedural failures affect entitlement to recover its costs from the estate
  3. 3 Whether the first defendants are entitled to recover their costs from the estate

Ratio Decidendi

The draft will was declared valid under s14(2) of the Wills Act 2007 because it expressed the deceased's testamentary intentions; however the Public Trust was not entitled to recover its costs from the estate because it failed to follow its own procedures and acted unfairly and unresponsively in the circumstances, so the first defendants were awarded costs against the estate.

Court Disposition

Draft will declared valid; Public Trust denied recovery of its application costs from the estate; first defendants awarded costs against the estate with any dispute as to reasonableness to be determined by the Registrar.

Orders

  • Moreen Isabell Scott's draft will is declared valid.
  • Public Trust is not entitled to recover its costs of and associated with the application from the estate.