ESTATE OF DANIEL ALBERT DAVIS [2017] NZHC 1541

ESTATE OF DANIEL ALBERT DAVIS [2017] NZHC 1541

The document was declared valid because it expressed the deceased's testamentary intentions and the evidential material satisfied the criteria of s14 despite non‑compliance with s11; beneficiaries' consent and supporting affidavits justified a without‑notice order.

Citation
[2017] NZHC 1541
Parties
Applicant: Vincent Stephen Davis; Deceased: Daniel Albert Davis
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 July 2017
Procedural Posture
Application Under Wills Act 2007 Will Validation / Originating Application Filed Without Notice; Hearing on the Papers
Outcome
Application granted; document declared valid as last will of the deceased
Legal Topics
Will Validation, Wills Act 2007 S14, Testamentary Intentions, Witnessing Requirements S11
Wills and Probate Succession Evidence Will Validation Wills Act 2007 S14 Testamentary Intentions Witnessing Requirements S11

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Parties

Vincent Stephen Davis

Applicant

Daniel Albert Davis

Deceased

Procedural Posture

Application Under Wills Act 2007 Will Validation / Originating Application Filed Without Notice; Hearing on the Papers

Legal Issues

  1. 1 Whether a document that does not comply with s11 can be declared valid under s14
  2. 2 Whether the document expresses the deceased's testamentary intentions
  3. 3 Whether the application should be dealt with without notice

Ratio Decidendi

The document was declared valid because it expressed the deceased's testamentary intentions and the evidential material satisfied the criteria of s14 despite non‑compliance with s11; beneficiaries' consent and supporting affidavits justified a without‑notice order.

Court Disposition

Application granted; document declared valid as last will of the deceased

Orders

  • Leave is granted for this application to be made without notice to any other person.
  • The document dated March 2015, a copy of which is marked 'A' and attached to the affidavit of Vincent Stephen Davis filed in support of this application, is declared valid as the last will of the deceased, Daniel Albert Davis of Moeraki.