RE LOADER [2022] NZHC 2154

RE LOADER [2022] NZHC 2154

The unsigned and undated document was declared a valid will because the court was satisfied it expressed the deceased's testamentary intention on the basis of the solicitor's contemporaneous notes, draft will prepared in accordance with instructions, the deceased's correspondence confirming details, consistency with family circumstances, and the consent of interested persons, thereby meeting the requirements of s 14 Wills Act 2007.

Citation
[2022] NZHC 2154
Parties
Applicant (named Executor): Gwenda Louise Loader; Deceased: Gavin Bruce Loader
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 August 2022
Procedural Posture
Application Under Section 14 Wills Act 2007 to Declare Document a Valid Will / Judgment on the Papers (urgent Application)
Outcome
Order made declaring the unsigned and undated document marked 'A' to be the valid will of Gavin Bruce Loader.
Legal Topics
Validity of Will, Testamentary Intention, Section 14 Wills Act 2007, Intestacy and Estate Administration
Wills and Succession Probate Family Law Validity of Will Testamentary Intention Section 14 Wills Act 2007 Intestacy and Estate Administration

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Parties

Gwenda Louise Loader

Applicant (named Executor)

Gavin Bruce Loader

Deceased

Procedural Posture

Application Under Section 14 Wills Act 2007 to Declare Document a Valid Will / Judgment on the Papers (urgent Application)

Legal Issues

  1. 1 Whether an unsigned and undated document can be declared a valid will under s 14 Wills Act 2007
  2. 2 Whether the document expresses the deceased's testamentary intention
  3. 3 Whether the applicant has standing to seek the declaration and whether interested persons consented

Ratio Decidendi

The unsigned and undated document was declared a valid will because the court was satisfied it expressed the deceased's testamentary intention on the basis of the solicitor's contemporaneous notes, draft will prepared in accordance with instructions, the deceased's correspondence confirming details, consistency with family circumstances, and the consent of interested persons, thereby meeting the requirements of s 14 Wills Act 2007.

Court Disposition

Order made declaring the unsigned and undated document marked 'A' to be the valid will of Gavin Bruce Loader.

Orders

  • The unsigned and undated document, a copy of which is marked 'A' and attached to the affidavit of the applicant, is declared valid as the will of Gavin Bruce Loader.