Re Nelson [2021] NZHC 1431

Re Nelson [2021] NZHC 1431

On the facts the Court was satisfied on the balance of probabilities that the unsigned draft prepared April 2014 expressed Fiona Nelson's testamentary intentions; the only persons affected consented and service was dispensed with; accordingly the document met the s14 test and was declared the valid will.

Citation
[2021] NZHC 1431
Parties
Applicant: Robert Bruce Robinson; Deceased: Fiona Brenda Nelson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 June 2021
Procedural Posture
Will Validation (s 14 Wills Act 2007) / Originating Application Without Notice; Determined on the Papers
Outcome
The Court declared the April 2014 draft will to be the valid will of Fiona Brenda Nelson and dispensed with service; application granted under s14 Wills Act 2007.
Legal Topics
Validation of Unsigned Will, Testamentary Intention, High Court S14 Wills Act 2007, Without‑notice Applications
Wills and Estates Probate Succession Law Civil Procedure Validation of Unsigned Will Testamentary Intention High Court S14 Wills Act 2007 Without‑notice Applications

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Parties

Robert Bruce Robinson

Applicant

Fiona Brenda Nelson

Deceased

Procedural Posture

Will Validation (s 14 Wills Act 2007) / Originating Application Without Notice; Determined on the Papers

Legal Issues

  1. 1 Whether the unsigned document expresses the deceased's testamentary intentions
  2. 2 Whether the High Court may validate the unsigned document under s 14 Wills Act 2007
  3. 3 Whether the application could be determined without notice

Ratio Decidendi

On the facts the Court was satisfied on the balance of probabilities that the unsigned draft prepared April 2014 expressed Fiona Nelson's testamentary intentions; the only persons affected consented and service was dispensed with; accordingly the document met the s14 test and was declared the valid will.

Court Disposition

The Court declared the April 2014 draft will to be the valid will of Fiona Brenda Nelson and dispensed with service; application granted under s14 Wills Act 2007.

Orders

  • Service of the proceeding is dispensed with
  • The document sent by Knapps Lawyers to Fiona Brenda Nelson as a draft will on 8 April 2014 is declared the valid will of Fiona Brenda Nelson