New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unsigned draft will

Legal area

Court

4 Feb 2021

ESTATE OF HORNE [2021] NZHC 83

Citation

[2021] NZHC 83
Court

High Court

The unsigned and undated draft will was declared the deceased's last will because there was cogent and corroborated evidence that it reflected the deceased's testamentary intentions (instructions to solicitor, confirmation to proposed executor, solicitor's affidavit that the draft reflected instructions) and no contrary will or claimant was identified, and leave to proceed without notice was justified.
20 Dec 2011

RE FRASER (DECEASED) HC NAP CIV-2011-441-700

Citation

openlaw-0b4d2041_224a_4629_92fa_c2cf804a4656.pdf
Court

High Court

On the evidence the draft will drafted in accordance with the deceased's instructions of 27 April 2011 reflected his testamentary intentions at the time of death and the absence of signature was due to oversight or illness rather than a change of mind; accordingly the draft is valid as the deceased's will under s 14 Wills Act 2007 and the without‑notice hearing was justified because affected beneficiaries consented and justice favored expedition.