THE NZ FEDERATION OF YOUNG FARMERS CLUBS INC v PEARSON [2017] NZHC 213

THE NZ FEDERATION OF YOUNG FARMERS CLUBS INC v PEARSON [2017] NZHC 213 [21 February2017]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2016-404-3065[2017] NZHC 213IN THE MATTER OF an application under s 14 of the Wills Act2007AND the Estate of DONALD FLETCHERPEARSONBETWEEN THE NZ FEDERATION OF YOUNGFARMERS CLUBS INCORPORATEDApplicantAND ALAN EDWIN PEARSON ASEXECUTOR OF THE ESTATE OFDONALD FLETCHER PEARSONRespondentHearing: 15 February 2017Appearances: S Nicholson as agent for D Lester for ApplicantJudgment: 21 February 2017JUDGMENT OF PALMER JThis judgment is delivered by me on 21 February 2017 at 2 pmpursuant to r 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors/Counsel:Dale Lester, Barrister, ChristchurchLayburn Hodgins, ChristchurchFortune Manning, AucklandCopy to:Lowndes Jordan, AucklandMr Donald Pearson's testamentary intentions[1] Mr Donald Fletcher Pearson lived alone on his dairy farm of 183 acres atAra-Kotinga, Brookby, Manurewa. He married but the marriage did not last. He hadno children. His last signed will, dated 11 October 1977, left his entire estate to hisbrother Mr Alan Pearson.[2] Mr Donald Pearson wanted his farm to remain a working farm. In June 2012he initiated discussion with his solicitors about how to effect that and re-engaged inthe matter in 2016. In February 2016 he, and his long-time friend Mr BryanCartelle, met with representatives of the NZ Federation of Young Farmers Clubs Inc(Young Farmers). He decided to gift the farm to a charitable trust formed by himselfand Young Farmers. Mr Pearson would retain ownership of the stock and machinerywhich would be leased back to the Trust, providing Mr Pearson with an income. Hewould also have a licence to occupy the property for his lifetime. The balance ofMr Pearson's assets would be left to the Trust. A draft Trust Deed was prepared bythe Young Farmers' solicitors on 1 August 2016 and commented on by Mr Pearson'ssolicitors.[3] However Mr Pearson had a heart attack on 27 September 2016. As a stop-gap measure a new will was prepared by his solicitors. Mr Cartelle presented, andexplained, the draft will to Mr Pearson on the afternoon of Thursday 29 September2016. Mr Cartelle has provided an affidavit explaining the process he went through.In the draft will, Mr Cartelle was to receive all personal chattels and the balance ofthe estate was left to the Young Farmers for the purposes of providing educationalopportunities for the ongoing promotion and advancement of farming in NewZealand.[4] Mr Cartelle's evidence is that he questioned the solicitors about the chattelsbeing left to him but the solicitors explained he could distribute them as appropriate.The only change made to the will after discussion with Mr Pearson was in respect ofMr Pearson's wishes regarding burial.[5] Mr Pearson had further strokes and was not able to sign the revised draft Willbefore his death on 6 October 2016.[6] Mr Cartelle initiated a meeting between Mr Pearson's solicitors and hisbrother Mr Alan Pearson about the last signed will and the revised draft will.Application to validate the draft Will[7] Young Farmers now apply to the Court to validate the revised draft will unders 14 of the Wills Act 2007. They sought directions to serve Mr Alan Pearson, whichwas granted by Woodhouse J on 6 December 2016. Mr Alan Pearson acceptedservice on 7 December 2016 and, on 31 January 2017, advised the Court he does notoppose the application.[8] Section 14 provides:14 High Court may declare will valid(1) This section applies to a document that—(a) appears to be a will [which is defined in s 8]; and(b) does not comply with section 11; and(c) came into existence in or out of New Zealand.(2) The High Court may make an order declaring the documentvalid, if it is satisfied that the document expresses thedeceased person's testamentary intentions.(3) The court may consider—(a) the document; and(b) evidence on the signing and witnessing of thedocument; and(c) evidence on the deceased person's testamentaryintentions; and(d) evidence of statements made by the deceasedperson.[9] The revised draft will satisfies the requirements of s 14(1). I am satisfied onthe evidence before me that the revised draft will expresses Mr Donald Pearson'stestamentary intentions.Result[10] I make an order declaring the revised draft will valid, as sought. No order asto costs is sought or made. Probate may be sought, on the basis of this judgment, inthe usual way...................................................................Palmer J