3 Nov 2023
Applying s14 Wills Act 2007, the Court may validate a document that lacks formal execution if satisfied it expresses the deceased's testamentary intentions; the assistant's confirmation of form and consistency with instructions, the circumstances of execution, and the consent of beneficiaries satisfied the Court, therefore the unsigned document was declared the deceased's valid will.
18 Oct 2023
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.
28 Aug 2023
On the cumulative evidence—the Mini-ACE failure, medication-related drowsiness, defects in execution (uninitialled pages and amendment), delay between drafting and signing, and admissions in the drafter's emails indicating influence—the 2021 instrument was not a valid will and did not replace the 2004 will; accordingly probate is to be granted in respect of the 2004 will and Sonia, as sole executor named in the 2004 will, is appointed administrator of the estate.
9 Mar 2023
Given the Family Court had provisionally settled the testamentary terms and authorised Public Trust to execute a will for Ms Campbell, and in the absence of opposition, the evidenced document was found to express Ms Campbell's testamentary intentions and therefore the High Court declared it valid under s 14 Wills Act 2007.
16 Feb 2023
The unsigned draft was declared the deceased's last will because admissible affidavit evidence established it reflected the deceased's testamentary intentions, there was no evidence she changed her mind, and interested parties consented, satisfying s14 of the Wills Act 2007.
3 Feb 2023
The Will kit document was declared a valid will because the affidavit evidence established that it reflected the deceased's testamentary intentions, its contents matched an earlier draft and consistent verbal statements, the lack of signature was due to the deceased not prioritising execution, and there was no opposition or missing notifications preventing a without-notice determination.
31 Jan 2023
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.
2 Sept 2022
The draft will was declared valid because the Court was satisfied it objectively expressed the deceased's testamentary intentions based on her communications with the solicitor and others, absence of evidence of any change of intention before death, and therefore s14 Wills Act 2007 empowered the Court to validate the unsigned document and order probate to the named executors.
9 Jun 2022
Section 14 of the Wills Act 2007 extends to documents effecting changes to a will including codicils; on the evidence the three documents expressed the deceased's testamentary intentions and therefore the Court declared them valid testamentary documents.
12 May 2022
The court was satisfied the handwritten 4 March 2009 document came into existence in New Zealand, expressed the deceased's testamentary intentions, named an executor and bore the deceased's signature and a statement of no coercion; accordingly the court exercised its power under s 14 of the Wills Act 2007 to declare the document a valid will notwithstanding non-compliance with s 11(4).