24 Jul 2017
JOHNSON v JOHNSON [2017] NZHC 1711
- Citation
- [2017] NZHC 1711
- Court
- High Court
On the balance of probabilities the draft 2016 document prepared after instructions to the law firm expresses the deceased's testamentary intentions; the document 'appears to be a will', the failure to comply with s 11 was explained by oversight/misunderstanding and corroborated by prior reciprocal wills, contemporaneous letter and unchallenged evidence, and the solicitor's contrary affidavit did not undermine that conclusion; therefore the Court validates the draft as the deceased's last will under s 14 Wills Act 2007.