22 Sept 2022
The court was satisfied on the evidence (solicitor's affidavit, emails, draft approval, attempts to arrange signing impeded by COVID-19, and beneficiaries' consent) that the undated unsigned draft expressed the deceased's testamentary intentions and therefore, under s14 of the Wills Act 2007, could be declared the deceased's last will.
16 Mar 2021
The application to validate the draft will was declined because the Court was not satisfied on the balance of probabilities that the draft prepared 30 March 2020 and sent 22 April 2020 expressed the deceased's testamentary intentions, given the lack of confirmation by the deceased, the significant delay before death and the destruction of primary handwritten notes, such that s 14 could not be applied.
18 Nov 2020
The Court was satisfied on the evidence that the document, although not executed in accordance with s11, expressed the deceased's testamentary intentions and that all potentially affected persons consented; accordingly under s14(2) the document was declared the valid will of the deceased.
16 Sept 2019
Under s 14 of the Wills Act 2007 the court declared the signed document to be the valid will because it appeared to be a will prepared by a solicitor, expressed the deceased's testamentary intentions, was made in New Zealand and was supported by credible evidentiary facts and consent of the beneficiaries despite noncompliance with s 11.
7 Mar 2018
The November 2014 unsigned and unwitnessed document was declared the valid will because it unambiguously expressed the deceased's testamentary intentions, evidence showed attempts to formalise it and affected parties consented, enabling validation under s 14 of the Wills Act 2007.
1 Aug 2017
The court declared the document dated 7 July 2016 to be the valid will because it met s 14(1) (it appeared to be a will and did not comply with s 11) and evidence established it expressed the deceased's testamentary intentions; beneficiaries consented.
5 Aug 2016
The unsigned draft will met the s 14 requirements: it appeared to be a will, was created in New Zealand, did not comply with s 11 execution formalities, and on cogent evidence (solicitor's notes and correspondence) reflected the deceased's testamentary intentions; accordingly the Court declared the document to be the valid last will and testament and made costs orders.
5 Oct 2015
The 2014 unsigned draft will was a document that, on the cogent evidence presented (instructions to solicitor, contemporaneous notes, surrounding circumstances and absence of contradictory evidence), expressed the deceased's testamentary intentions and therefore met the s14 criteria; accordingly the Court declared the draft will valid and ordered probate and approval of the proposed settlement for minor beneficiaries.
5 Aug 2015
The Court was satisfied on the evidence that the document reflected the deceased's testamentary intentions notwithstanding non-compliance with s11, and therefore under s14 the document is declared a valid will.
22 Aug 2014
The Court declared the document to be the valid will under s14 because it plainly expressed the deceased's testamentary intentions, was made in expectation of death and in lucid terms, the statutory preconditions of s14 were met, and there was no opposition from served interested parties.