New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Witnessing requirements (s11)

Legal area

Court

10 Nov 2023

ESTATE OF TUI WENDT [2023] NZHC 3179

Citation

[2023] NZHC 3179
Court

High Court

On the balance of probabilities the document reflected the deceased's testamentary intentions and she had capacity when it was made as evidenced by two medical certificates and the solicitor's contemporaneous observations; the failure of witnesses to sign in the will-maker's presence did not undermine those intentions, therefore the Court declares the document a valid will under s14 of the Wills Act 2007.
18 Sept 2019

LANGSTON v HODGE [2019] NZHC 2350

Citation

[2019] NZHC 2350
Court

High Court

The Court ordered distribution according to the 2006 will because the 2015 document could not be validated: the original was missing, the final page with witness signatures was absent so statutory witnessing requirements could not be demonstrated, there was no evidence who prepared the 2015 document or that it reflected the deceased's testamentary intentions, medical evidence indicated lack of testamentary capacity in November 2015, and the affected respondents did not apply to recall probate of the 2006 will.