New Zealand Case Law: Decisions & Judgments

Topic

Unsigned will

Legal area

Court

1 Sept 2021

RE ESTATE BAXTER [2021] NZHC 2289

Citation

[2021] NZHC 2289
Court

High Court

On the balance of probabilities the court was satisfied the deceased attended his solicitor on 22 November 2007 and executed the will last modified on 21 November 2007; the combination of word‑processing metadata, the solicitor's diary entry, the firm's contemporaneous wills indexing practice and absence of any conflicting signed will established that the draft reflects the deceased's testamentary intentions, entitling validation under s14 and grant of probate.
8 Aug 2016

IN THE ESTATE OF DAVID CHARLES SAVERY [2016] NZHC 1833

Citation

[2016] NZHC 1833
Court

High Court

The Court was satisfied the 1994 draft will plainly expressed the deceased's testamentary intentions, no later executed will existed, and the remedial power under s14 of the Wills Act 2007 authorised validating the unsigned and unwitnessed draft; accordingly the Court ordered validation of the draft will.
15 Jun 2015

Re Broomhall Estate [2015] NZHC 1349

Citation

[2015] NZHC 1349
Court

High Court

The unsigned document was declared the deceased's will because the Court was satisfied on the affidavits and surrounding circumstances that the document expressed the deceased's testamentary intentions and the matter could be decided on the papers under s14 of the Wills Act 2007.
19 Dec 2014

Re Bishop (Deceased) [2014] NZHC 3355

Citation

[2014] NZHC 3355
Court

High Court

The Court was satisfied under s 14(2) that the 2009 unsigned draft will represented the deceased's testamentary intentions because the 2002 will was clearly inappropriate after separation and property settlement, the draft clearly provided for the deceased's only likely moral beneficiary (his son), there was supporting admissible hearsay indicating continuity of intention, and there was no evidence of a later change of mind despite ample opportunity to sign.
18 Oct 2013

Re Beaumont (deceased) [2013] NZHC 2719

Citation

[2013] NZHC 2719
Court

High Court

On the evidence — the deceased's expressed wishes to both sons, a completed will form in her possession consistent with those wishes, and precedents permitting validation of unsigned drafts where they reflect testamentary intention — the Court was satisfied to the civil standard that the unsigned document expressed the deceased's testamentary intentions and therefore s14(2) was satisfied.
7 Nov 2012

Re Read Deceased HC AK CIV-2012-404-006351

Citation

openlaw-dd51c8e6_0a9d_4440_9a03_aae6464fa7cd.pdf
Court

High Court

The Court declared the unsigned draft Will valid under s14(2) because it was satisfied the document reflected the deceased's testamentary intentions at the date of death, supported by the solicitor's affidavit of instructions and amendments, the signed 1 July 2011 statement, and corroborating family evidence that she intended the draft to be her final will but was physically unable to sign it.
28 Mar 2012

ESTATE OF CORNELIUS, DECEASED HC AK CIV 2012-404-341

Citation

openlaw-ff76f70c_4d87_4b00_b781_79a4cf67e983.pdf
Court

High Court

The unsigned July 2008 draft will was prepared on the deceased's instructions and, on the evidence (including solicitor confirmation, accountant's notes and beneficiaries' consents), reflected his testamentary intentions; therefore the High Court was satisfied the document met s14 and declared it valid.

New Zealand Case Law

RE ESTATE BAXTER [2021] NZHC 2289

IN THE ESTATE OF DAVID CHARLES SAVERY [2016] NZHC 1833

Re Broomhall Estate [2015] NZHC 1349

Re Bishop (Deceased) [2014] NZHC 3355

Re Beaumont (deceased) [2013] NZHC 2719

Re Read Deceased HC AK CIV-2012-404-006351

ESTATE OF CORNELIUS, DECEASED HC AK CIV 2012-404-341