IN THE ESTATE OF RICHARD HAMMOND DODDS [2017] NZHC 1995

IN THE ESTATE OF RICHARD HAMMOND DODDS [2017] NZHC 1995

The Court declared the draft will valid under s 14 because it was satisfied the draft accurately reflected the deceased's testamentary intentions given when he had capacity, and affected persons consented and former executors renounced, removing obstacle to declaring the document the deceased's last will.

Citation
[2017] NZHC 1995
Parties
Deceased: Richard Hammond Dodds; Applicant (solicitor Seeking Declaration): Donna Maree Powle; Advocate for Applicant: N M Hodson; Former Executor and Trustee (renounced): Brian Atkinson; Former Executor and Trustee (renounced): Robert Swan; Wife and Beneficiary: Lynne Catherine Davie; Proposed Executor and Trustee and Consenting Party: Aaron Charles Carter
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 August 2017
Procedural Posture
Application Under S 14 Wills Act 2007 (declaration That Document Is a Valid Will) / Judgment on the Papers
Outcome
Order granted declaring the draft will to be the valid last will of Richard Hammond Dodds under s 14 Wills Act 2007.
Legal Topics
Statutory Will Validation, Testamentary Capacity, Consent of Interested Persons, Executor and Trustee Appointment
Wills and Estates Succession Trusts Capacity Statutory Will Validation Testamentary Capacity Consent of Interested Persons Executor and Trustee Appointment

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Parties

Richard Hammond Dodds

Deceased

Donna Maree Powle

Applicant (solicitor Seeking Declaration)

N M Hodson

Advocate for Applicant

Brian Atkinson

Former Executor and Trustee (renounced)

Robert Swan

Former Executor and Trustee (renounced)

Lynne Catherine Davie

Wife and Beneficiary

Aaron Charles Carter

Proposed Executor and Trustee and Consenting Party

Procedural Posture

Application Under S 14 Wills Act 2007 (declaration That Document Is a Valid Will) / Judgment on the Papers

Legal Issues

  1. 1 Whether a draft will prepared but unsigned can be declared the deceased's valid will under s 14 Wills Act 2007
  2. 2 Whether the draft will accurately reflected the deceased's testamentary intentions at the relevant time
  3. 3 Whether the deceased had requisite testamentary capacity when giving instructions for the draft will

Ratio Decidendi

The Court declared the draft will valid under s 14 because it was satisfied the draft accurately reflected the deceased's testamentary intentions given when he had capacity, and affected persons consented and former executors renounced, removing obstacle to declaring the document the deceased's last will.

Court Disposition

Order granted declaring the draft will to be the valid last will of Richard Hammond Dodds under s 14 Wills Act 2007.

Orders

  • Declare the draft will prepared by Donna Maree Powle to be the valid last will of Richard Hammond Dodds pursuant to section 14 of the Wills Act 2007
  • Orders made in terms of the originating application dated 2 August 2017