BURROWS [2016] NZHC 1686

BURROWS [2016] NZHC 1686

The unsigned will was declared valid because the draft accurately recorded the testator's instructions given in August 2015, there was no evidence of any change in intention during the ten-week period before death, and the circumstances (including the testator's request not to have the will sent to her home) did not indicate ambivalence.

Citation
[2016] NZHC 1686
Parties
Applicant: Shyne Francis Burrows; Applicant: Kiri-Ana Marie Burrows; Decedent: Oliveena Puata (also known as Lillian Olivina Burrows)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 July 2016
Procedural Posture
Application Under Wills Act 2007 Section 14 / Final Judgment (on Papers)
Outcome
Order declaring the unsigned will valid under s14 Wills Act 2007
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Wills Act 2007 S14, Formal Validity
Wills and Estates Succession Law Validation of Unsigned Will Testamentary Intention Wills Act 2007 S14 Formal Validity

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Parties

Shyne Francis Burrows

Applicant

Kiri-Ana Marie Burrows

Applicant

Oliveena Puata (also known as Lillian Olivina Burrows)

Decedent

Procedural Posture

Application Under Wills Act 2007 Section 14 / Final Judgment (on Papers)

Legal Issues

  1. 1 Whether an unsigned instrument expresses the deceased's testamentary intention for the purposes of s14 of the Wills Act 2007
  2. 2 Whether a ten-week delay between notification that the will was ready and the testator's death permits an inference of changed intention

Ratio Decidendi

The unsigned will was declared valid because the draft accurately recorded the testator's instructions given in August 2015, there was no evidence of any change in intention during the ten-week period before death, and the circumstances (including the testator's request not to have the will sent to her home) did not indicate ambivalence.

Court Disposition

Order declaring the unsigned will valid under s14 Wills Act 2007

Orders

  • Declare the unsigned will of Oliveena Puata, prepared on her instructions in August 2015, to be a valid will under section 14 of the Wills Act 2007.