8 Nov 2019
IN THE ESTATE OF ALBERT SUTTON TUCKER (DECEASED) [2019] NZHC 2928
- Citation
- [2019] NZHC 2928
- Court
- High Court
The codicil is invalid on its cumulative defects (unwitnessed, reference to a prior will and introducing an uncertain forfeiture term); the forfeiture condition in clause 7 is conceptually uncertain because terms like 'De Facto, civil union, gay or lesbian, life style' do not identify with sufficient precision the event that defeats the vested gift, and accordingly that condition is void; probate of the 6 July 2016 will is granted to the applicants and the application was properly dealt with without notice because all affected parties consented.