New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Execution and formalities

Legal area

Court

4 Dec 2019

ESTATE WALKER [2019] NZHC 3180

Citation

[2019] NZHC 3180
Court

High Court

Affidavit evidence, corroborative handwriting comparison, and consistent contemporaneous statements established that the unsigned and unwitnessed Testamentary Document expressed the deceased's testamentary intentions; accordingly s14(2) authorises the High Court to declare that document the valid will.
18 Dec 2012

ESTATE OF MAYBERRY HC CHCH CIV 2012-409-002134

Citation

openlaw-1babfc92_bb8d_42fd_b783_61cfa8d9c039.pdf
Court

High Court

The November 2007 document, read with the codicils and supported by witness evidence that the deceased presented it as his will, plainly disposes of property and therefore appears to be a will under s14 Wills Act 2007 notwithstanding non‑compliance with s11; accordingly the court declared it a valid will, appointed executors and granted probate in solemn form.