RE ESTATE OF FORD [2017] NZHC 2356

RE ESTATE OF FORD [2017] NZHC 2356

The court was satisfied on the balance of probabilities that the unsigned document reflected the deceased's testamentary intentions because it was prepared on his instructions, he received and reviewed it and confirmed its terms, there was no revocation or intention to change, and the delay was explained; accordingly the document was declared the valid will under s14 Wills Act 2007.

Citation
[2017] NZHC 2356
Parties
Deceased: John Wayne Ford; Applicant/executor and Trustee: Kerry Noble Williams; Beneficiary (residuary): Louisa Mary Blakeley; Sibling/beneficiary: Christine Ford; Sibling/beneficiary: Debra McKenzie; Sibling/beneficiary: David Ford
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 September 2017
Procedural Posture
Application Under Wills Act 2007 S14 (validation of Document as Will) / Judgment on Application (on the Papers)
Outcome
Unsigned document declared the valid will of John Wayne Ford pursuant to s14 Wills Act 2007.
Legal Topics
Validation of Unsigned Will, Testamentary Intention, Intestacy, Service and Consent
Wills and Succession Probate Validation of Unsigned Will Testamentary Intention Intestacy Service and Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Wayne Ford

Deceased

Kerry Noble Williams

Applicant/executor and Trustee

Louisa Mary Blakeley

Beneficiary (residuary)

Christine Ford

Sibling/beneficiary

Debra McKenzie

Sibling/beneficiary

David Ford

Sibling/beneficiary

Procedural Posture

Application Under Wills Act 2007 S14 (validation of Document as Will) / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether the unsigned document expresses the deceased's testamentary intentions such that it can be declared a valid will under s14 Wills Act 2007
  2. 2 Whether the description of a beneficiary as 'daughter' is affected by her having been adopted out

Ratio Decidendi

The court was satisfied on the balance of probabilities that the unsigned document reflected the deceased's testamentary intentions because it was prepared on his instructions, he received and reviewed it and confirmed its terms, there was no revocation or intention to change, and the delay was explained; accordingly the document was declared the valid will under s14 Wills Act 2007.

Court Disposition

Unsigned document declared the valid will of John Wayne Ford pursuant to s14 Wills Act 2007.

Orders

  • Declare the unsigned document to be the valid will of John Wayne Ford pursuant to s14 Wills Act 2007.
  • No order as to costs.