7 Aug 2020
Alexander [2020] NZHC 1978
- Citation
- [2020] NZHC 1978
- Court
- High Court
Leave to proceed by originating application without notice was declined and the s14 declaration refused because of material procedural defects: the will did not comply with s11(4) witnessing formalities, the sibling consents were to a different form of relief (letters of administration with will annexed) and the without‑notice application failed mandatory r7.23/form G32 certification requirements; although the overseas affidavit was ultimately acceptable under r9.86, that did not cure the other defects. The applicant was directed to resubmit properly drafted and certified documentation.