ESTATE OF MICHAEL DE CHARMES BEAUCHAMP [2014] NZHC 2006

ESTATE OF MICHAEL DE CHARMES BEAUCHAMP [2014] NZHC 2006

The unsigned drafted document was declared the deceased's will because it plainly represented his testamentary intentions and, although it did not meet s 11 formalities, it satisfied the statutory test in s 14; unanimous consent of affected parties supported validation.

Citation
[2014] NZHC 2006
Parties
Applicant/executor: Peter Bradford Johns; Applicant/executor: Wendy Lenore Beauchamp; Deceased: Michael de Charmes Beauchamp
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 August 2014
Procedural Posture
Declaration of Validity of Will Under Wills Act 2007 S 14 / Application on Papers; Judgment
Outcome
Document validated as the last will of Michael de Charmes Beauchamp under s 14 of the Wills Act 2007
Legal Topics
Validation of Document as Will, Execution and Attestation, Wills Act 2007 S 14
Wills and Estates Succession Probate Validation of Document as Will Execution and Attestation Wills Act 2007 S 14

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Parties

Peter Bradford Johns

Applicant/executor

Wendy Lenore Beauchamp

Applicant/executor

Michael de Charmes Beauchamp

Deceased

Procedural Posture

Declaration of Validity of Will Under Wills Act 2007 S 14 / Application on Papers; Judgment

Legal Issues

  1. 1 Whether an unsigned drafted document can be validated as a will under s 14 Wills Act 2007
  2. 2 Whether the document reflects the deceased's testamentary intention despite non-compliance with s 11 execution formalities
  3. 3 Effect of consent of affected parties on court's validation decision

Ratio Decidendi

The unsigned drafted document was declared the deceased's will because it plainly represented his testamentary intentions and, although it did not meet s 11 formalities, it satisfied the statutory test in s 14; unanimous consent of affected parties supported validation.

Court Disposition

Document validated as the last will of Michael de Charmes Beauchamp under s 14 of the Wills Act 2007

Orders

  • The drafted document is declared to be the last will of the deceased, Michael de Charmes Beauchamp, and is validated pursuant to s 14 Wills Act 2007.