Estate of Janet Norma Cherry [2016] NZHC 921

Estate of Janet Norma Cherry [2016] NZHC 921

The unsigned draft will was declared valid under s14 Wills Act 2007 because it plainly appears to be a will and, on the sworn evidence of the solicitor and a witness who took instructions, it expressed the deceased's testamentary intentions; the absence of an earlier will and the consent of the named beneficiaries made it appropriate to grant the order on the papers.

Citation
[2016] NZHC 921
Parties
Deceased: Janet Norma Cherry; Applicant/executor: Jeffrey John McCall; Applicant/executor: David Tier; Beneficiary (great Niece): Sarah Elizabeth Hay; Beneficiary (great Nephew): James Michael Hay; Interested Party (mother of Beneficiaries): Tracy Leanne Hay
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 May 2016
Procedural Posture
Originating Application Under S14 Wills Act 2007 / On the Papers (judgment)
Outcome
Order made declaring the unsigned draft document to be the valid last will of Janet Norma Cherry.
Legal Topics
Validation of Non‑compliant Will, Testamentary Intention, Execution Formalities, S 14 Wills Act 2007
Wills and Succession Probate Family Law Validation of Non‑compliant Will Testamentary Intention Execution Formalities S 14 Wills Act 2007

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Parties

Janet Norma Cherry

Deceased

Jeffrey John McCall

Applicant/executor

David Tier

Applicant/executor

Sarah Elizabeth Hay

Beneficiary (great Niece)

James Michael Hay

Beneficiary (great Nephew)

Tracy Leanne Hay

Interested Party (mother of Beneficiaries)

Procedural Posture

Originating Application Under S14 Wills Act 2007 / On the Papers (judgment)

Legal Issues

  1. 1 Does the unsigned document appear to be a will?
  2. 2 Does the document express the deceased's testamentary intentions?
  3. 3 Is it appropriate to make the validation order without notice to other parties?

Ratio Decidendi

The unsigned draft will was declared valid under s14 Wills Act 2007 because it plainly appears to be a will and, on the sworn evidence of the solicitor and a witness who took instructions, it expressed the deceased's testamentary intentions; the absence of an earlier will and the consent of the named beneficiaries made it appropriate to grant the order on the papers.

Court Disposition

Order made declaring the unsigned draft document to be the valid last will of Janet Norma Cherry.

Orders

  • Declare the document attached as Exhibit B to the affidavit of Jeffrey John McCall to be the valid last will of the deceased, Janet Norma Cherry.