New Zealand Case Law: Decisions & Judgments

Topic

Formal execution requirements

Legal area

Court

19 Sept 2023

PUBLIC TRUST v FAIRBAIRN [2023] NZHC 2605

Citation

[2023] NZHC 2605
Court

High Court

The Court accepted the Public Trust's evidence that the handwritten Wills Instruction notes recorded the Deceased's final testamentary intentions and, on the balance of probabilities informed by the plaintiff's expert (Dr Casey), the Deceased had testamentary capacity when the instructions were given (20 June 2022); accordingly the notes 'appeared to be a will' under s14 and were validated despite formal execution defects, and probate in solemn form was granted to the Public Trust.
18 Sept 2020

RE ESTATE FRASER [2020] NZHC 2448

Citation

[2020] NZHC 2448
Court

High Court

The court was satisfied the 19 July 2018 handwritten and signed document expresses the deceased's testamentary intentions (supported by the witness affidavit and timing after separation), the document appears to be a will despite only one witness, no exceptional reasons to refuse validation existed, and accordingly s14 authorises declaration that the document is the deceased's last will, revoking the 2004 will.
15 Sept 2020

Estate of JOHN LINDSAY CAMPBELL [2020] NZHC 2395

Citation

[2020] NZHC 2395
Court

High Court

The Court declared the handwritten document a valid will document because on the evidence it reflected the deceased's testamentary intentions at the relevant time, the absence of witnessing was an oversight rather than negating testamentary intent, the deceased was sufficiently lucid when he executed and showed the document, and the disposition (transfer of his half-share in the property to his widow) was consistent with the earlier will and beneficiaries consented or did not oppose.
6 Mar 2020

WILLIAMS v HABERSHON [2020] NZHC 420

Citation

[2020] NZHC 420
Court

High Court

The court declared the draft will valid because the unexecuted document was prepared by the deceased's solicitor in accordance with precise instructions and the affidavit evidence (including the solicitor's emails and instructions) satisfied the court that the document expressed the deceased's testamentary intentions, thereby meeting the s14 gateway for validation despite non-compliance with s11.
17 May 2017

HALL [2017] NZHC 1009

Citation

[2017] NZHC 1009
Court

High Court

The court was satisfied the August 2014 document manifested the deceased's testamentary intentions and, with consent from the interested partner and no adverse impact on others, declared the document a valid will under s 14.
20 Jul 2016

RICHARDS & Anor v FRENCH [2016] NZHC 1647

Citation

[2016] NZHC 1647
Court

High Court

The handwritten document was declared valid under s14 because it was in the form of a will, reflected the deceased's testamentary intentions based on its content and surrounding circumstances, and validation was appropriate given beneficiary and family consents and the deed of arrangement.
18 Jul 2016

RE ESTATE OF TOOMER [2016] NZHC 1615

Citation

[2016] NZHC 1615
Court

High Court

The court declared the 6 February 2016 document to be the valid last will because the document plainly expressed the deceased's testamentary intentions and s 14 of the Wills Act 2007 authorises the court to cure the formal defects (only one witness who was not present at signing), supported by corroborating evidence and absence of opposition by affected parties.
11 Dec 2014

Estate of Lorna Lucy Hutton [2014] NZHC 3174

Citation

[2014] NZHC 3174
Court

High Court

The codicil was validated under s14 because it was in the deceased's handwriting, clearly manifested her testamentary intentions, and all affected parties consented, satisfying the statutory criteria for validation.
5 Mar 2014

In the estate of FRANK JOSEPH FOWLER [2014] NZHC 371

Citation

(2014) 29 FRNZ 671
Court

High Court

Although the handwritten document was not formally executed, the Court was satisfied on the wording of the document and corroborating evidence that it accurately recorded the deceased's testamentary intentions as at his death; accordingly the Court declared the document to be the valid will under s 14(2) Wills Act 2007.