New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Formalities of execution (s11)

Legal area

Court

15 Jun 2018

BARKER & EASTGATE v NATIONAL HEART FOUNDATION OF NZ [2018] NZHC 1444

Citation

[2018] NZHC 1444
Court

High Court

The unsigned draft will was declared valid because the court was satisfied it genuinely expressed the deceased's testamentary intentions based on detailed instructions to solicitors, consistency with prior testamentary arrangements and contemporaneous medical evidence of capacity, thereby meeting the criteria of s14 Wills Act 2007.
3 Dec 2014

Re Greathead (deceased) [2014] NZHC 3068

Citation

[2014] NZHC 3068
Court

High Court

On the affidavits of the solicitor who prepared the will and the applicant daughter, the draft 2009 document clearly expressed Mr Greathead's testamentary intentions and he had intended to sign it but lost capacity; accordingly, under s14 of the Wills Act 2007 the Court declared the draft will to be the valid will of the deceased.