18 Sept 2023
The Court was satisfied the draft document was prepared at the deceased's instruction and accurately reflected his testamentary intentions to dispose of his property; accordingly, under s14 the Court declared the document to be the deceased's valid will and exercised its residual discretion to validate it.
16 Feb 2023
Affidavit evidence from the attending solicitor and secretary established that the deceased signed the document and that there were two witnesses present although the second witness's endorsement was inadvertently omitted; the document therefore expresses the deceased's testamentary intentions and under s14(2) the Court declared it a valid will.
15 Dec 2022
The unsigned draft was declared the deceased's last will because it appeared to be a will, was made in New Zealand, failed formal signing requirements but nonetheless expressed the deceased's testamentary intentions as required by s 14 Wills Act 2007; there was no opposition and the circumstances justified a without‑notice application.
5 Oct 2022
The Court declared the will valid under s14 because the evidence (including Family Court approval and the document itself) established the deceased's testamentary intentions, and the sole defect of having only one witness did not prevent validation; the application could proceed without notice and costs were ordered against the estate.
8 Mar 2022
Repeated, serious and ongoing failure by Ostermann to comply with clear discovery orders justified an unless order; the court ordered specific disclosure by 5.00 pm 14 April 2022, and provided proportional sanctions (striking out pleadings in two proceedings) for non-compliance; indemnity costs were awarded to Ebert for this application given the history of non-compliance.
9 Aug 2021
The District Court correctly dismissed the appeal from the Tenancy Tribunal because the rehearing grounds merely challenged the substantive merits and did not disclose a substantial wrong or miscarriage of justice; Henderson Reeves' prior contact with McMahon did not invalidate the Foundation's lawful possession process; McMahon's subsequent s60(2) application and related proceedings were bound to fail and together with the rehearing/appeal constituted at least two proceedings that were totally without merit under s167 thereby justifying an extended s166 restraint limited to proceedings about…
5 May 2021
The 9 November 2010 document was declared a valid will because, despite defective attestation, the deceased's signature on the document together with its careful storage and repeated oral statements to the applicants unequivocally established testamentary intention under s14, permitting court validation.
4 May 2021
Although the handwritten document appeared to be a will, the respondents gave credible, consistent evidence that the document did not reflect the deceased's testamentary intentions and the applicant failed to rebut that evidence; on the balance of probabilities the court was not satisfied the document expressed the deceased's testamentary intentions and therefore declined to validate it under s14 Wills Act 2007.
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.
4 Dec 2018
The will is declared valid under s 14 Wills Act 2007 because evidence established it was prepared before death and, in any event, it accurately reflects the testator's testamentary intention; minor differences to a prior handwritten will are immaterial and beneficiaries consented to validation.