IN RE ESTATE M B STUART [2020] NZHC 529

IN RE ESTATE M B STUART [2020] NZHC 529

The Court granted the s14 application and validated the handwritten 12 September 2019 document as expressing the deceased's testamentary intentions and, because it was incomplete, ordered it to operate as a codicil to the duly executed 17 July 2017 will so that the altered residuary percentages in the September 2019 document apply while the executor appointment and personal effects provisions of the July 2017 will remain in force.

Citation
[2020] NZHC 529
Parties
Deceased: Maxwell Bruce Stuart; Applicant and Appointed Executor/trustee in Prior Will: Public Trust; Beneficiary Under Both Documents: Lynda Share; Contingent Beneficiary (husband of Lynda Share): Peter Andrew Srhoj
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 March 2020
Procedural Posture
Originating Application Under S14 Wills Act 2007 to Validate Informal Testamentary Document / Judgment on Papers (on Papers)
Outcome
Originating application granted; 12 September 2019 handwritten document validated as a codicil to the will dated 17 July 2017
Legal Topics
Validation of Informal Will, Codicil, S14 Wills Act 2007
Wills and Succession Probate Trusts Validation of Informal Will Codicil S14 Wills Act 2007

Case Brief

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Parties

Maxwell Bruce Stuart

Deceased

Public Trust

Applicant and Appointed Executor/trustee in Prior Will

Lynda Share

Beneficiary Under Both Documents

Peter Andrew Srhoj

Contingent Beneficiary (husband of Lynda Share)

Procedural Posture

Originating Application Under S14 Wills Act 2007 to Validate Informal Testamentary Document / Judgment on Papers (on Papers)

Legal Issues

  1. 1 Whether the handwritten 12 September 2019 document could be validated under s14 despite lack of witnesses
  2. 2 Whether the September 2019 document should be treated as a codicil to the executed 17 July 2017 will
  3. 3 Whether the informal document sufficiently dealt with executor appointment and personal effects

Ratio Decidendi

The Court granted the s14 application and validated the handwritten 12 September 2019 document as expressing the deceased's testamentary intentions and, because it was incomplete, ordered it to operate as a codicil to the duly executed 17 July 2017 will so that the altered residuary percentages in the September 2019 document apply while the executor appointment and personal effects provisions of the July 2017 will remain in force.

Court Disposition

Originating application granted; 12 September 2019 handwritten document validated as a codicil to the will dated 17 July 2017

Orders

  • Order under s14 Wills Act 2007 validating the handwritten document dated 12 September 2019 as a codicil to the will dated 17 July 2017
  • The altered residuary distribution percentages specified in the 12 September 2019 document are to apply