16 Oct 2023
Where the purported will was executed by a third party under an enduring power of attorney that did not authorise creating a will and the donor lacked testamentary capacity, s 14 Wills Act 2007 cannot be used to validate the document; the application for validation must be dismissed.
29 Sept 2023
Clause 2.1 of the April 6, 2020 agreement, which records a 'full and final settlement of all property claims...under any statutory enactment', is sufficiently broad to encompass the defendant's statutory succession entitlement under s 77 of the Administration Act; however the agreement does not comply with s 21F of the Property (Relationships) Act and is therefore prima facie void and can only operate to contract out of s 77 if validated under s 21H by the Family Court; the defendant's failure to disclose the agreement when obtaining a grant in common form justified recall of that grant and a…
25 Aug 2023
On the balance of probabilities the draft will reflects the deceased's testamentary intentions because instructions were given and recorded on the same day they were drafted, a medical certificate confirmed testamentary capacity, contemporaneous notes and corroborating witness evidence aligned with the draft, no prior will was located, and beneficiaries consented; accordingly the draft will is validated under s14 Wills Act 2007.
10 Jul 2023
Leave to commence proceedings by originating application was granted and without-notice directions for service were ordered because those to be served are persons with an interest in the estate under the Administration Act 1969 and service on them was sensible; the Court noted that if wide-ranging evidence or credibility issues arise the matter may require conversion to a statement of claim and contested proceedings.
8 Jun 2023
Leave granted to the Public Trust to commence the proceeding by originating application without notice under r 19.5 because it is in the interests of justice given the limited and narrow factual issues, the estate's modest value, the Public Trust's position as executor of two wills, and the cost‑effectiveness and practicality of that procedure; directions were given for service on the four living siblings and leave granted to seek further directions if needed.
15 Dec 2022
The court declared the handwritten note a valid will because it plainly expressed the deceased's testamentary intentions notwithstanding non‑compliance with s 11; the court found it appropriate to determine the application without notice given consent of interested parties and the modest size of the estate, ordered the residue to be distributed under the Administration Act 1969 and granted letters of administration to the applicant, with costs payable from the estate.
13 Oct 2022
The application for security for costs was dismissed because, although the r 5.45 threshold (plaintiff resident abroad) was met, the court balanced factors including plaintiff's likely eventual ability to satisfy a costs award, the arguable merits of the plaintiff's two limbs (uncertainty of the half‑secret trust in relation to grandchildren and grounds for removal of the executor), the risk that security would prevent prosecution of an arguable claim, and that the defendant could have sought early court approval of the trust/administration; on balance it was not just to order security.
6 Oct 2022
Because the parties entered a deed of settlement disposing of the residuary estate, the Court declined to decide whether to validate the checklist and instead granted letters of administration to the applicant under ss5 and 6 of the Administration Act 1969 and r27.35 of the High Court Rules 2016 directing distribution in accordance with the settlement.
4 Oct 2022
The handwritten, unsigned and unwitnessed document reflected the deceased's testamentary intentions when created and at death; the passage of time did not rebut that intention because the evidence supported that the deceased believed no further formalities were required; accordingly the Court declared the document a valid will under s14 Wills Act 2007, declined to exercise its discretion to refuse validation, but declined to grant probate because no proper application/affidavit for probate was before the Court.
31 May 2022
Because the marriage had not been dissolved the applicant had statutory priority under s 6(1) of the Administration Act 1969 to apply for letters of administration; the respondent failed to comply with court directions and did not establish valid grounds to maintain the caveat, so the Order Nisi was made absolute and letters of administration were granted to the applicant.