New Zealand Case Law: Decisions & Judgments

Topic

Will validation

Legal area

Court

18 Oct 2023

ESTATE OF KATHLEEN PRESTIDGE [2023] NZHC 2918

Citation

[2023] NZHC 2918
Court

High Court

On the balance of probabilities the unsigned draft will reflected the deceased's testamentary intentions because it was prepared per her instructions by a solicitor, she reviewed and approved the draft, a signing appointment with witnesses was arranged but cancelled due to the solicitor, Michael executed a mirror will, and corroborating affidavits support intention; accordingly the draft is declared valid under s 14(2) Wills Act 2007.
4 Oct 2023

RE ESTATE OF MOEWAI TAWA [2023] NZHC 2780

Citation

[2023] NZHC 2780
Court

High Court

The Court was satisfied on the balance of probabilities that the signed portion of the template document embodied Moewai Tawa's testamentary intentions; accordingly under s14 of the Wills Act 2007 the document is validated as her last will and, given adequate evidentiary material and the modest size of the estate, probate is granted.
25 Aug 2023

PUBLIC TRUST v FORSTER [2023] NZHC 2339

Citation

[2023] NZHC 2339
Court

High Court

On the balance of probabilities the draft will reflects the deceased's testamentary intentions because instructions were given and recorded on the same day they were drafted, a medical certificate confirmed testamentary capacity, contemporaneous notes and corroborating witness evidence aligned with the draft, no prior will was located, and beneficiaries consented; accordingly the draft will is validated under s14 Wills Act 2007.
7 Jul 2023

Est of Crowle [2023] NZHC 1775

Citation

[2023] NZHC 1775
Court

High Court

The Court validated the unsigned 2022 draft Will under s14 because the documentary and email evidence, together with solicitor instructions and the parties' agreement, showed the draft reflected the deceased's testamentary intention. The s14 application was permitted to be commenced as an originating application in the Wellington Registry and service was dispensed with. The Court declined to make a grant of Letters of Administration and declined to permit the Letters of Administration application to be commenced as an originating application.
30 Mar 2023

KHAN v KNOX [2023] NZHC 681

Citation

[2023] NZHC 681
Court

High Court

The testator (Ms Peacock) created ambiguity among multiple testamentary documents such that the litigation originated in the fault of the testator; accordingly all costs should be payable out of the estate and the court ordered the estate to pay the costs claimed by the parties after assessing the reasonableness of the amounts.
24 Feb 2023

RE ESTATE OF SCHNEIDER [2023- NZHC 293

Citation

openlaw-d86b37f4_3208_4de2_8a54_9085c7cdff78.pdf
Court

High Court

The handwritten, signed 2014 document, headed 'Will', was created in New Zealand, failed formal witnessing requirements but plainly expressed the deceased's testamentary intentions to benefit the applicant (and contingent beneficiary Kerry); accordingly the Court, exercising its s14(2) discretion, declared the document a valid will and indicated the applicant as executor.
31 Jan 2023

RE ESTATE GARNETT [2023] NZHC 46

Citation

[2023] NZHC 46
Court

High Court

The court was satisfied on cogent evidence (solicitor's notes, meetings, draft consistent with instructions, lack of competing wills or interested persons, and short interval before death) that the unsigned draft reflected the deceased's testamentary intentions and therefore under s14(2) the draft was declared valid as the deceased's last will.
15 Dec 2022

Estate of Katipa [2022] NZHC 3413

Citation

[2022] NZHC 3413
Court

High Court

The court declared the handwritten note a valid will because it plainly expressed the deceased's testamentary intentions notwithstanding non‑compliance with s 11; the court found it appropriate to determine the application without notice given consent of interested parties and the modest size of the estate, ordered the residue to be distributed under the Administration Act 1969 and granted letters of administration to the applicant, with costs payable from the estate.
6 Oct 2022

SCULLY v SCULLY [2022] NZHC 2574

Citation

[2022] NZHC 2574
Court

High Court

Because the parties entered a deed of settlement disposing of the residuary estate, the Court declined to decide whether to validate the checklist and instead granted letters of administration to the applicant under ss5 and 6 of the Administration Act 1969 and r27.35 of the High Court Rules 2016 directing distribution in accordance with the settlement.
4 Oct 2022

SWIFT v ROGERS [2022] NZHC 2543

Citation

[2022] NZHC 2543
Court

High Court

The handwritten, unsigned and unwitnessed document reflected the deceased's testamentary intentions when created and at death; the passage of time did not rebut that intention because the evidence supported that the deceased believed no further formalities were required; accordingly the Court declared the document a valid will under s14 Wills Act 2007, declined to exercise its discretion to refuse validation, but declined to grant probate because no proper application/affidavit for probate was before the Court.