4 May 2022
The Court declared the documented 'Will Questionnaire' valid under s 14 because, on the balance of probabilities, it expressed the deceased's testamentary intentions as at 2 August 2020 and affidavit evidence from the witnesses established that the witnessing requirements had been satisfied in substance, curing the s 11(5) defect.
28 Apr 2022
The 12 May 2021 email manifested the testator's testamentary intention to make his daughter sole beneficiary; although it did not comply with s11 formalities, under s14 the Court may validate such a document when satisfied it expresses testamentary intention; accordingly the email is a valid codicil and amends the 3 November 2010 will as stated.
17 Jun 2021
The judge accepted the applicant's contemporaneous evidence that the deceased intended the changes recorded in the unsigned document, the document had the appearance of a codicil and was created in New Zealand, interested beneficiaries consented, and on the balance of probabilities the document expressed the deceased's testamentary intentions under s14(2), so the court exercised its discretion to declare the document a valid codicil.
25 May 2021
The document, although unsigned and therefore not compliant with s11, was declared a valid will under s14 because its contents, the deceased's corroborated oral statements, its handwriting, and the circumstances of its discovery satisfied the Court that it expressed the deceased's testamentary intentions.
11 Feb 2021
Although the document did not comply with s11's two‑witness requirement, the Court was satisfied the document expressed the deceased's testamentary intentions and therefore, under s14, declared it to be the valid will of Bevan Francis Ryan.
1 Nov 2018
The document was declared a valid will because, although it did not comply with s11 due to having only one witness, the affidavits established that it expressed the deceased's testamentary intentions and all required parties were served with no opposition, authorising the court to validate the document under s14.
22 Dec 2017
Although the document did not comply with s 11 (it was witnessed by only one person), the Court was satisfied on the evidence of the solicitor and the affidavits of the witness and the applicant that the document, prepared on the deceased's instructions and signed by him, expressed his testamentary intentions; accordingly the Court declared the document to be the valid will under s 14.
21 Feb 2017
The Court declared the Document to be the deceased's valid will because the deceased signed and initialled it, the surrounding affidavit evidence (from the applicant and the deceased's mother) established the circumstances of execution and intention, the only beneficiaries consented, and there were no surviving spouse or children requiring notice, satisfying the standard for a s 14 declaration under the Wills Act 2007.
4 Oct 2016
The undated document found among the deceased's possessions, corroborated by witness affidavits, a matching computer copy and the presence of the relevant trust deed, was found to express the deceased's testamentary intentions and therefore, under s14 Wills Act 2007, the Court validated that document as the deceased's will.
4 Feb 2016
The handwritten, signed but unwitnessed document met s 8(1) as an expression of testamentary intention and, although not compliant with s 11, the Court was satisfied under s 14(2) that it expressed the deceased's testamentary intentions and therefore declared it the valid last will; the order was properly made without notice because the only affected persons consented.