New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Family protection act claim potential

Legal area

Court

23 Feb 2023

RE Wilson [2023] NZHC 276

Citation

[2023] NZHC 276
Court

High Court

The High Court declared the handwritten 2 November 2019 note to be the deceased's last will because, although it did not comply with s11 witnessing formalities, it clearly appeared to be a will and the evidence satisfied that it expressed the deceased's testamentary intentions; consent of affected family members and the small size of the estate supported the order.
10 Sept 2021

HARVEY v HARVEY [on appointment of administrator of will] [2021] NZHC 2374

Citation

[2021] NZHC 2374
Court

High Court

Given the delay since death, the absence of the priority applicant seeking appointment, the parties' agreement on a qualified administrator, and the presence of special circumstances under s 6(2) of the Administration Act 1969, the Court will appoint the agreed candidate (Ms Tara Wratten) as administrator, subject to production of the original will or best available copy and filing of the required affidavit.