Validity of Will of SONYA MAREE HENRY [2020] NZHC 1992

Validity of Will of SONYA MAREE HENRY [2020] NZHC 1992

The Court was satisfied on the admissible evidence that the unsigned document expressed the deceased's testamentary intentions and therefore, under s14 of the Wills Act 2007, the document could be declared a valid will despite non‑compliance with s11; the application could be made without notice to others.

Citation
[2020] NZHC 1992
Parties
Applicant/plaintiff: Stuart Graham Hamish McLeod; Deceased: Sonya Maree Henry; Former Executor and Beneficiary / Consenting Party: Brian George Anthony Henry; Former Executor and Beneficiary / Consenting Party: Pamela Margaret Henry
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 August 2020
Procedural Posture
Application Under S14 Wills Act 2007 for Declaration of Validity of Will / Judgment (on the Papers)
Outcome
Application granted. The unsigned document dated 23 April 2020 declared the valid will of Sonya Maree Henry; leave to proceed without notice granted.
Legal Topics
Validity of Will, Testamentary Intentions, Dispensing Formalities Under S14, COVID 19 Witnessing Procedures
Wills and Succession Probate Validity of Will Testamentary Intentions Dispensing Formalities Under S14 COVID 19 Witnessing Procedures

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Parties

Stuart Graham Hamish McLeod

Applicant/plaintiff

Sonya Maree Henry

Deceased

Brian George Anthony Henry

Former Executor and Beneficiary / Consenting Party

Pamela Margaret Henry

Former Executor and Beneficiary / Consenting Party

Procedural Posture

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

Legal Issues

  1. 1 Whether an unsigned and undated document expresses the deceased's testamentary intentions for the purposes of s14 Wills Act 2007
  2. 2 Whether the High Court may declare valid a document that does not comply with s11 formalities
  3. 3 Whether the application could be heard without notice to other persons

Ratio Decidendi

The Court was satisfied on the admissible evidence that the unsigned document expressed the deceased's testamentary intentions and therefore, under s14 of the Wills Act 2007, the document could be declared a valid will despite non‑compliance with s11; the application could be made without notice to others.

Court Disposition

Application granted. The unsigned document dated 23 April 2020 declared the valid will of Sonya Maree Henry; leave to proceed without notice granted.

Orders

  • Declared: the unsigned document dated 23 April 2020 exhibited to the affidavit of Stuart Graham Hamish McLeod affirmed 22 July 2020 is a valid will of Sonya Maree Henry who died 7 May 2020.