PUBLIC TRUST v FORSTER [2023] NZHC 2339

PUBLIC TRUST v FORSTER [2023] NZHC 2339

On the balance of probabilities the draft will reflects the deceased's testamentary intentions because instructions were given and recorded on the same day they were drafted, a medical certificate confirmed testamentary capacity, contemporaneous notes and corroborating witness evidence aligned with the draft, no prior will was located, and beneficiaries consented; accordingly the draft will is validated under s14 Wills Act 2007.

Citation
[2023] NZHC 2339
Parties
Applicant / Executor: Public Trust; Respondent / Son of Deceased: Alex Forster
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 August 2023
Procedural Posture
Validation of Draft Will Under S14 Wills Act 2007 / Judgment After Formal Proof Hearing
Outcome
Order declaring the draft will to be a valid will pursuant to s14 Wills Act 2007
Legal Topics
Will Validation, Testamentary Capacity, Intestacy, Probate Costs, Unwinding Post Death Transfers
Wills and Estates Probate Succession Family Law Will Validation Testamentary Capacity Intestacy Probate Costs +1 more

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Parties

Public Trust

Applicant / Executor

Alex Forster

Respondent / Son of Deceased

Procedural Posture

Validation of Draft Will Under S14 Wills Act 2007 / Judgment After Formal Proof Hearing

Legal Issues

  1. 1 Whether the draft document expresses the deceased's testamentary intentions
  2. 2 Whether the draft will complies with s11 of the Wills Act 2007 or can be validated under s14
  3. 3 Whether the deceased had testamentary capacity when instructions were given

Ratio Decidendi

On the balance of probabilities the draft will reflects the deceased's testamentary intentions because instructions were given and recorded on the same day they were drafted, a medical certificate confirmed testamentary capacity, contemporaneous notes and corroborating witness evidence aligned with the draft, no prior will was located, and beneficiaries consented; accordingly the draft will is validated under s14 Wills Act 2007.

Court Disposition

Order declaring the draft will to be a valid will pursuant to s14 Wills Act 2007

Orders

  • Declare the draft will of the late Sandra King valid pursuant to s14 Wills Act 2007
  • Direct that this judgment be served on Mr Peter King