New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Wills act 2007 interpretation
  • 14 Mar 2011

    GRIFFIN HC AK CIV-2010-404-006302

    Citation
    openlaw-8ae07d69_5609_4a5b_a119_69a0d8b3c561.pdf
    Court
    High Court

    The Court found uncontested affidavit evidence established that the deceased signed the will in the presence of two witnesses who attested in each other's presence, satisfying the formal execution requirements; because statutory relief under s14 was unavailable to wills made before 1 November 2007 but the testator died after that date, the Court granted leave under High Court Rules r19.5 to proceed by originating application in solemn form, declared the 5 March 2000 will validly executed and attested, refused to exercise s31 correction (not a clerical error case), and granted probate to Patri…