5 Jan 2021
The handwritten 8 April 2019 document both disposed of property and appointed an executor so it 'appears to be a will' under s 8, evidence including the deceased's statements and signature proved testamentary intention under s 14(2), and the Court exercised its discretion to declare the document valid.
2 Dec 2020
The signed draft, despite non-compliance with s11 (only one witness), was prepared on solicitor instructions, amended and signed by Mrs Chandler in the presence of a witness who filed an affidavit, and formal execution was only prevented by her sudden death; therefore it satisfied s14 as expressing her testamentary intentions and was declared her last will.
28 Aug 2018
The three signed and dated documents, read together and supported by contemporaneous recorded statements, express the deceased's testamentary intentions and are therefore a valid informal will under s14; the documents created a testamentary trust vesting the trustee (Margaret) with sufficient discretionary power to administer specific bequests and to divide the residue, which the Court directs be shared equally between Margaret and Rosie.
3 Aug 2017
The two-page handwritten document, though not witnessed and thus non-compliant with s 11, plainly appears to be a will and expresses the deceased's testamentary intentions; the statutory preconditions for an order under s 14 were met (including searches and beneficiary consents), therefore the Court was entitled to and did declare the document to be the valid will of Anthony Oscar Adams.
28 Jun 2016
On the balance of probabilities the three documents (handwritten notes, solicitor's file notes and the signed will instruction sheet), read together with contemporaneous affidavits and the signed acknowledgement clause, express the deceased's testamentary intentions; s14(2) Wills Act 2007 therefore authorises the Court to declare those documents to be the deceased's valid will and to give effect to the dispositions set out therein.
18 Feb 2016
The document, though not executed in compliance with s11(4), was declared a valid will under s14 because the Court was satisfied it expressed the deceased's testamentary intentions and consent and reasonable enquiries supported granting the order.
18 Jan 2013
The document, though not complying with s 11 formalities, was found to evidence Alan Wright's testamentary intention supported by signature comparison and affidavits, no competing document existed and beneficiaries consented; accordingly the court exercised s 14 and declared the document to be the valid will.
16 Aug 2012
The court declared the notes and email to be the valid will because they evidenced testamentary intention by disposing of property, appointing a sole executor, addressing the residue and funeral arrangements, and because affected beneficiaries consented or did not object, satisfying the requirements for a declaration under s14.
2 Jun 2011
The informal will was made before 1 November 2007 so s40(2)(k) excludes validation under s14, and the document fails the s11 witnessing requirement; therefore the Court could not validate the informal will and the application must be dismissed.