GYDE v THE NEW ZEALAND GUARDIAN TRUST COMPANY LTD [2014] NZHC 1167

GYDE v THE NEW ZEALAND GUARDIAN TRUST COMPANY LTD [2014] NZHC 1167

The Court was satisfied on the evidence (signed instruction form and affidavit of the preparer and absence of contrary evidence) that the unsigned 23 August 2013 document expressed the deceased's testamentary intentions at his death, and therefore, pursuant to s14 Wills Act 2007, the document was declared the valid last Will.

Citation
[2014] NZHC 1167
Parties
Plaintiff/applicant: The New Zealand Guardian Trust Company Limited; Deceased: Francis James Gyde; Interested Party/affected Beneficiary: Christine Anne Hillman; Beneficiary/natural Daughter: Christine Anne Fletcher; Beneficiary/stepson: John Francis Crossan; Beneficiary/stepdaughter: Pauline Mary McDonald; Beneficiary: National Heart Foundation
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 May 2014
Procedural Posture
Application Under Section 14 Wills Act 2007 to Validate an Unexecuted Will / Validation Hearing (part 18 Proceeding)
Outcome
Order under section 14 of the Wills Act 2007 declaring the unsigned 23 August 2013 document to be the valid last Will of Francis James Gyde
Legal Topics
Validation of Unexecuted Will, Section 14 Wills Act 2007, Testamentary Intention, Service and Notice
Wills and Estates Probate Civil Procedure Validation of Unexecuted Will Section 14 Wills Act 2007 Testamentary Intention Service and Notice

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Parties

The New Zealand Guardian Trust Company Limited

Plaintiff/applicant

Francis James Gyde

Deceased

Christine Anne Hillman

Interested Party/affected Beneficiary

Christine Anne Fletcher

Beneficiary/natural Daughter

John Francis Crossan

Beneficiary/stepson

Pauline Mary McDonald

Beneficiary/stepdaughter

National Heart Foundation

Beneficiary

Procedural Posture

Application Under Section 14 Wills Act 2007 to Validate an Unexecuted Will / Validation Hearing (part 18 Proceeding)

Legal Issues

  1. 1 Whether the unsigned 23 August 2013 document expressed the deceased's testamentary intentions at the date of death
  2. 2 Whether s14 Wills Act 2007 authorises validation of the unexecuted will in these facts
  3. 3 Whether there was any evidence of change of intention between execution of instructions and death

Ratio Decidendi

The Court was satisfied on the evidence (signed instruction form and affidavit of the preparer and absence of contrary evidence) that the unsigned 23 August 2013 document expressed the deceased's testamentary intentions at his death, and therefore, pursuant to s14 Wills Act 2007, the document was declared the valid last Will.

Court Disposition

Order under section 14 of the Wills Act 2007 declaring the unsigned 23 August 2013 document to be the valid last Will of Francis James Gyde

Orders

  • Declare the unsigned 23 August 2013 document to be the valid last Will of the deceased, Francis James Gyde
  • Costs of this application may be met from the estate