WATT v OWSTON-DOYLE [2015] NZHC 1292

WATT v OWSTON-DOYLE [2015] NZHC 1292

The Court validated the unsigned draft will under s14 because credible evidence established it expressed the deceased's testamentary intentions, and granted probate in solemn form because executors filed the required affidavits and the sole served defendant did not oppose.

Citation
[2015] NZHC 1292
Parties
Plaintiff Executor: Sylena Eve Owston Watt; Plaintiff Executor: Jo-Anne Michelle Pettyjohn; Plaintiff Executor: Lisajanine Roberts; Defendant: Sylvia May Owston-Doyle
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 June 2015
Procedural Posture
Application for Validation of Will Under S14 Wills Act 2007 and Application for Probate in Solemn Form / Judgment Delivered
Outcome
Intended will validated under s14 Wills Act 2007; probate in solemn form granted to the named executors
Legal Topics
Will Validation, S14 Wills Act 2007, Probate in Solemn Form, Execution and Witnessing, High Court Rules Procedure
Wills and Estates Probate Civil Procedure Will Validation S14 Wills Act 2007 Probate in Solemn Form Execution and Witnessing High Court Rules Procedure

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Parties

Sylena Eve Owston Watt

Plaintiff Executor

Jo-Anne Michelle Pettyjohn

Plaintiff Executor

Lisajanine Roberts

Plaintiff Executor

Sylvia May Owston-Doyle

Defendant

Procedural Posture

Application for Validation of Will Under S14 Wills Act 2007 and Application for Probate in Solemn Form / Judgment Delivered

Legal Issues

  1. 1 Whether an unsigned document may be declared a valid will under s14 Wills Act 2007 by establishing testamentary intention
  2. 2 Whether probate in solemn form should be granted following validation under s14
  3. 3 Whether it was procedurally proper to combine the s14 application and the probate application

Ratio Decidendi

The Court validated the unsigned draft will under s14 because credible evidence established it expressed the deceased's testamentary intentions, and granted probate in solemn form because executors filed the required affidavits and the sole served defendant did not oppose.

Court Disposition

Intended will validated under s14 Wills Act 2007; probate in solemn form granted to the named executors

Orders

  • Order validating the intended will of Michael Owston-Doyle pursuant to s14 Wills Act 2007
  • Grant of probate in solemn form to Sylena Eve Owston Watt, Jo-Anne Michelle Pettyjohn and Lisajanine Roberts