ESTATE OF I P CRONIN [2016] NZHC 1321

ESTATE OF I P CRONIN [2016] NZHC 1321

The Court held that the instructions given by Mr Cronin to the Public Trust officer on 11 November 2013, recorded in the Public Trust Questionnaire, satisfied the statutory test for a will because Mr Cronin was alert, had clear testamentary intentions, had summoned the officer for the express purpose of giving will instructions, and there was no evidence of a change of mind before death.

Citation
[2016] NZHC 1321
Parties
Applicant: Public Trust; Deceased: Ivan Patrick Cronin; Public Trust Officer: Alan Timu
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2016
Procedural Posture
Application for Declaration That Instructions Constitute a Valid Will / On Papers
Outcome
Questionnaire entered by Public Trust on 11 November 2013 declared to be the valid will of Ivan Patrick Cronin
Legal Topics
Validation of Will, Testamentary Intentions, Statutory Formalities
Wills and Estates Succession Probate Validation of Will Testamentary Intentions Statutory Formalities

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Parties

Public Trust

Applicant

Ivan Patrick Cronin

Deceased

Alan Timu

Public Trust Officer

Procedural Posture

Application for Declaration That Instructions Constitute a Valid Will / On Papers

Legal Issues

  1. 1 Whether oral instructions given to an officer constitute a valid will
  2. 2 Whether testamentary intention was established
  3. 3 Whether formal execution is required where instructions were given but the deceased died before formal execution

Ratio Decidendi

The Court held that the instructions given by Mr Cronin to the Public Trust officer on 11 November 2013, recorded in the Public Trust Questionnaire, satisfied the statutory test for a will because Mr Cronin was alert, had clear testamentary intentions, had summoned the officer for the express purpose of giving will instructions, and there was no evidence of a change of mind before death.

Court Disposition

Questionnaire entered by Public Trust on 11 November 2013 declared to be the valid will of Ivan Patrick Cronin

Orders

  • Declare the Public Trust Questionnaire dated 11 November 2013 to be the valid will of Ivan Patrick Cronin