Estate of P D WELLS HC INV CIV 2011-425-000634

Estate of P D WELLS HC INV CIV 2011-425-000634

The documents were declared valid codicils under s14 because, on the balance of probabilities and given the context and unanimous consent of affected beneficiaries (and the declination by the mistakenly named trustee), the notes manifested the deceased's testamentary intentions despite non‑compliance with s11.

Citation
openlaw-9973410e_2968_4453_85fd_691a6f63451c.pdf
Parties
Applicant: Robert John Daley; Applicant: Neil Anthony Douglas; Deceased: Peter David Wells (deceased)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 February 2012
Procedural Posture
Will Validation (s14 Wills Act 2007) / Application for Declaration of Validity; Hearing on Papers
Outcome
Declaration granted that the specified kitchen‑table notes are valid codicils to the will dated 15 August 2002.
Legal Topics
Validity of Will/codicil, Testamentary Intention, Formal Execution Requirements (s11), Section 14 Wills Act 2007 Declarations
Wills and Succession Probate Estate Administration Validity of Will/codicil Testamentary Intention Formal Execution Requirements (s11) Section 14 Wills Act 2007 Declarations

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Parties

Robert John Daley

Applicant

Neil Anthony Douglas

Applicant

Peter David Wells (deceased)

Deceased

Procedural Posture

Will Validation (s14 Wills Act 2007) / Application for Declaration of Validity; Hearing on Papers

Legal Issues

  1. 1 Whether the kitchen‑table notes constitute valid codicils under s14 of the Wills Act 2007
  2. 2 Whether the notes express the deceased's testamentary intentions on the balance of probabilities
  3. 3 Whether references in the notes to different trustees revoke or alter the 15 August 2002 will

Ratio Decidendi

The documents were declared valid codicils under s14 because, on the balance of probabilities and given the context and unanimous consent of affected beneficiaries (and the declination by the mistakenly named trustee), the notes manifested the deceased's testamentary intentions despite non‑compliance with s11.

Court Disposition

Declaration granted that the specified kitchen‑table notes are valid codicils to the will dated 15 August 2002.

Orders

  • Declare the documents produced by the applicants to be valid codicils to the will dated 15 August 2002 pursuant to s14 Wills Act 2007