SIMUNOVICH HC AK CIV-2011-404-005914

SIMUNOVICH HC AK CIV-2011-404-005914

The Court was satisfied that the document titled 'MY LAST MEASGE' was created in New Zealand, was signed by the deceased, and on its contents together with contemporaneous documents and circumstances plainly expressed the deceased's testamentary intentions; accordingly the document is a valid will under s14 of the Wills Act 2007 and a declaration should be made to that effect.

Citation
openlaw-7826df18_5f94_4fa9_9c8d_02fa4ad2c940.pdf
Parties
Deceased: Branka Simunovich; Applicant (husband): Ivan Simunovich; Applicant (daughter): Jadranka Boric; Applicant (daughter): Dusanka Moulton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 October 2011
Procedural Posture
Application for Declaration Under S14 Wills Act 2007 / Judgment on Application (on the Papers)
Outcome
Declaration that the document titled 'MY LAST MEASGE' is a valid will under s14 of the Wills Act 2007
Legal Topics
Validity of Will, Testamentary Intentions, Formalities and Witnessing, Section 14 Wills Act 2007
Wills and Succession Probate Estate Administration Validity of Will Testamentary Intentions Formalities and Witnessing Section 14 Wills Act 2007

Case Brief

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Parties

Branka Simunovich

Deceased

Ivan Simunovich

Applicant (husband)

Jadranka Boric

Applicant (daughter)

Dusanka Moulton

Applicant (daughter)

Procedural Posture

Application for Declaration Under S14 Wills Act 2007 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether an unwitnessed signed document can be declared a valid will under s14 of the Wills Act 2007
  2. 2 Whether the document titled 'MY LAST MEASGE' expresses the deceased's testamentary intentions
  3. 3 Whether the document came into existence in New Zealand and the surrounding circumstances support validity

Ratio Decidendi

The Court was satisfied that the document titled 'MY LAST MEASGE' was created in New Zealand, was signed by the deceased, and on its contents together with contemporaneous documents and circumstances plainly expressed the deceased's testamentary intentions; accordingly the document is a valid will under s14 of the Wills Act 2007 and a declaration should be made to that effect.

Court Disposition

Declaration that the document titled 'MY LAST MEASGE' is a valid will under s14 of the Wills Act 2007

Orders

  • Declaration that the 'MY LAST MEASGE' document is valid under s14 of the Wills Act 2007
  • Costs of and incidental to the application to be paid out of the deceased's estate