New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Validation of defective wills

Legal area

Court

19 Nov 2015

ESTATE OF ROWLANDS

Citation

openlaw-8e0ba789_bd4b_41bf_928d_a646227b5e40.pdf
Court

High Court

Because the testator signed the document in the presence of two witnesses and credible affidavit evidence established that one witness inadvertently failed to sign, the Court exercised its statutory power under s 14 of the Wills Act 2002 to declare the document to be the valid last will and testament of John Vernon Morgan Rowlands.
24 Sept 2009

TAYLOR V TAYLOR AND ANOR HC HAM CIV 2009-419-725

Citation

openlaw-90e19ead_fb85_4305_9c92_2fdb662c6820.pdf
Court

High Court

The will expressed the deceased's testamentary intention; the deceased initialled the operative pages with intention that the initials operate as execution and, applying established authorities that initials can constitute signing, the statutory signing requirement in s11(3) (as applicable) is satisfied; accordingly probate in solemn form of the will dated 19 August 2005 should be granted to the plaintiff.