BROWNE V PUBLIC TRUST HC NAP CIV-2012-441-001

BROWNE V PUBLIC TRUST HC NAP CIV-2012-441-001

The document dated 30 May 2010 was found to express the deceased's testamentary intentions and the witnesses' evidence either satisfied s11 or, alternatively, justified validation under s14; accordingly the Court declared the document a valid codicil and authorized grant of probate and administration to Public Trust.

Citation
openlaw-1f070619_86f0_4f12_87b8_79a3359dce62.pdf
Parties
Plaintiff: Veronica Browne; Defendant: Public Trust; Residuary Beneficiary: Brenda Hope
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2012
Procedural Posture
Will Validation (codicil) / Probate / Judgment on the Papers (application Under S 14 Wills Act 2007)
Outcome
Order made declaring the 30 May 2010 document valid as a codicil to the will dated 11 February 2010; grant of probate and administration to Public Trust; consent orders in terms of the consent memorandum.
Legal Topics
Validation of Codicil, Wills Act 2007 S14, Witnessing Requirements S11, Grant of Probate, Testamentary Intention
Succession Probate Wills Law Equity Validation of Codicil Wills Act 2007 S14 Witnessing Requirements S11 Grant of Probate +1 more

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Parties

Veronica Browne

Plaintiff

Public Trust

Defendant

Brenda Hope

Residuary Beneficiary

Procedural Posture

Will Validation (codicil) / Probate / Judgment on the Papers (application Under S 14 Wills Act 2007)

Legal Issues

  1. 1 Whether the document dated 30 May 2010 is a valid codicil to the will dated 11 February 2010
  2. 2 Whether the formal execution requirements of s11 Wills Act 2007 were satisfied
  3. 3 Whether the Court should validate the document under s14 Wills Act 2007 if s11 is not satisfied

Ratio Decidendi

The document dated 30 May 2010 was found to express the deceased's testamentary intentions and the witnesses' evidence either satisfied s11 or, alternatively, justified validation under s14; accordingly the Court declared the document a valid codicil and authorized grant of probate and administration to Public Trust.

Court Disposition

Order made declaring the 30 May 2010 document valid as a codicil to the will dated 11 February 2010; grant of probate and administration to Public Trust; consent orders in terms of the consent memorandum.

Orders

  • Declare the document dated 30 May 2010 valid as a codicil to the will dated 11 February 2010 (paragraph 1 of consent memorandum).
  • Declare that the legacies in the 30 May 2010 document be added to the legacies in the 11 February 2010 will (paragraph 2 of consent memorandum).