New Zealand Case Law: Decisions & Judgments

Topic

Codicil

Legal area

Court

30 Jun 2023

ESTATE OF DECLAN CURRAN [2023] NZHC 1669

Citation

[2023] NZHC 1669
Court

High Court

The 14 September 2015 document complied with s11 and is the testator's valid will; the handwritten Appendix A dated 16 December 2019, signed by the testator and expressly stated to form part of his will, is a valid codicil under s14 because it expresses his testamentary intentions; the subsequent red-ink obliteration of paragraph 3.1 together with the post-it note and contextual evidence (emails, timing and placement with the will) demonstrate a clear testamentary intention to remove the bequest to Brian Hancox and the gift-over to Daniel Hancox, and the Court accordingly declared that change…
28 Apr 2022

Re Estate of John William Brown [2022] NZHC 858

Citation

[2022] NZHC 858
Court

High Court

The 12 May 2021 email manifested the testator's testamentary intention to make his daughter sole beneficiary; although it did not comply with s11 formalities, under s14 the Court may validate such a document when satisfied it expresses testamentary intention; accordingly the email is a valid codicil and amends the 3 November 2010 will as stated.
2 Jul 2021

Re Estate of Leitch [2021] NZHC 1637

Citation

[2021] NZHC 1637
Court

High Court

The court was satisfied the 12 March 2019 document expressed the deceased's testamentary intentions because it was annotated and signed in his handwriting, expressly stated it was to change his will, was made at his direction while hospitalised in the presence of family and reflected rational reasons for the changes; accordingly the document was declared a valid codicil under s14 Wills Act 2007.
17 Jun 2021

RE ESTATE OF LATHAM [2021] NZHC 1439

Citation

[2021] NZHC 1439
Court

High Court

The judge accepted the applicant's contemporaneous evidence that the deceased intended the changes recorded in the unsigned document, the document had the appearance of a codicil and was created in New Zealand, interested beneficiaries consented, and on the balance of probabilities the document expressed the deceased's testamentary intentions under s14(2), so the court exercised its discretion to declare the document a valid codicil.
17 Mar 2020

IN RE ESTATE M B STUART [2020] NZHC 529

Citation

[2020] NZHC 529
Court

High Court

The Court granted the s14 application and validated the handwritten 12 September 2019 document as expressing the deceased's testamentary intentions and, because it was incomplete, ordered it to operate as a codicil to the duly executed 17 July 2017 will so that the altered residuary percentages in the September 2019 document apply while the executor appointment and personal effects provisions of the July 2017 will remain in force.
29 May 2019

RE ESTATE OF HARVEY [2019] NZHC 1202

Citation

[2019] NZHC 1202
Court

High Court

The typed solicitor's file note, read with the solicitor's affidavit and corroborating affidavits and beneficiary consents, sufficiently manifested the deceased's testamentary intentions under s 14 of the Wills Act 2007; the court therefore declared the typed file note a valid codicil to the will dated 15 June 2010, while excluding the less clear handwritten note.
11 Apr 2019

Re Alexander [2019] NZHC 790

Citation

[2019] NZHC 790
Court

High Court

The reference to the 2010 will in the codicil was a clerical error; the testator's intention was plain to appoint his children as executors of the operative 2012 will, and under s31 the Court corrected the codicil to refer to the 2012 will to give effect to that intention.
30 Apr 2018

THE ESTATE OF PATRICIA ELIZABETH ELLEN FREDATOVICH [2018] NZHC 869

Citation

[2018] NZHC 869
Court

High Court

Affidavits filed by the caveator demonstrated opportunity for undue influence, evidence of the testator's susceptibility and sufficiently unexpected changes from the codicil to justify a full inquiry; consequently the applicant must apply for probate in solemn form and related Family Protection Act claims may be joined in the same proceeding; costs reserved.
8 Jun 2015

WHEELER v SOMERFIELD [2015] NZHC 1269

Citation

[2015] NZHC 1269
Court

High Court

The court validated the intended codicil under s14 because the primary testamentary intention to vest sums in close friends was clearly expressed in the documents as a whole; a factual misapprehension about the mother's entitlement did not defeat validation where the only affected beneficiary consented and the codicil plainly reflected the testator's intention.
24 Jul 2014

RE: ESTATE OF BYFIELD [2014] NZHC 1735

Citation

[2014] NZHC 1735
Court

High Court

The unsigned June 2013 draft will was validated under s14 because the solicitor's uncontradicted affidavit established the draft was prepared in strict accordance with the deceased's instructions given shortly before death, the document reflected the deceased's testamentary intentions as at death, there was no contrary evidence and all interested parties served agreed to abide the Court's decision; accordingly probate was appropriately granted to the named executors.