New Zealand Case Law: Decisions & Judgments

Topic

Validation of non‑compliant will

Legal area

Court

22 Mar 2023

WELSFORD-ACKROYD v BAY LAW OFFICE LIMITED [2023] NZHC 582

Citation

[2023] NZHC 582
Court

High Court

The Court was satisfied on the evidence (solicitor's instructions, circumstances of preparation and timing, and absence of contrary evidence) that the 2021 document expressed the deceased's testamentary intentions, and accordingly under s 14 of the Wills Act 2007 declared that document to be the valid will; the residual discretion to refuse was not engaged given satisfaction and lack of opposition.
5 Oct 2022

Application by Prasad (Wills Act 2007) [2022] NZHC 2520

Citation

[2022] NZHC 2520
Court

High Court

On the evidence presented — including prior statements of intent, a significant inter vivos gift consistent with testamentary intent, consent from interested relatives, renunciation by the named executor, absence of contrary wills or opposition, and inability to obtain the witness's evidence — the Court was satisfied on the balance of probabilities that the document dated 5 September 2017 expressed the deceased's testamentary intentions and therefore, under s 14 of the Wills Act 2007, it is to be declared the valid will.
1 Apr 2021

RE SMITH [2021] NZHC 728

Citation

[2021] NZHC 728
Court

High Court

The Court declared the draft will valid under s14 because the evidence (affidavits of Mrs Smith and Mr Milnes and consent of beneficiaries) satisfied that the document expressed the deceased's testamentary intentions despite non-compliance with s11 witnessing formalities.
22 Jul 2020

THOMPSON v COWAN [2020] NZHC 1769

Citation

[2020] NZHC 1769
Court

High Court

Solicitor's contemporaneous evidence established that the draft document recorded the deceased's instructed changes to her prior signed will; the unsigned state resulted from oversight given the sale of the house and rapid deterioration in health, and on the balance of probabilities the document expressed the deceased's testamentary intentions so the Court ordered it valid under s 14 Wills Act 2007.
4 Dec 2019

ESTATE WALKER [2019] NZHC 3180

Citation

[2019] NZHC 3180
Court

High Court

Affidavit evidence, corroborative handwriting comparison, and consistent contemporaneous statements established that the unsigned and unwitnessed Testamentary Document expressed the deceased's testamentary intentions; accordingly s14(2) authorises the High Court to declare that document the valid will.
6 Jun 2019

ESTATE OF BARNES [2019] NZHC 1264

Citation

[2019] NZHC 1264
Court

High Court

The handwritten document dated 28 July 2018 was declared the valid will of Joseph Sidney Barnes under s 14 of the Wills Act 2007 because it appeared to be a will and the Court was satisfied from the affidavits and surrounding circumstances that it expressed the deceased's testamentary intention despite the technical defect that one witness did not sign in the presence of the testator.
12 Jul 2016

Estate of Ian Alister McDonald [2016] NZHC 1577

Citation

[2016] NZHC 1577
Court

High Court

The Court was satisfied the 2014 document appears to be a will and that it expressed the deceased's testamentary intentions at the time of the instructions and in the months before his death; accordingly, under s14 Wills Act 2007 the Court validated the 2014 draft will.
8 Jun 2016

Estate GJ White [2016] NZHC 1214

Citation

[2016] NZHC 1214
Court

High Court

The Court was satisfied the s14 requisites were met and that the document reflected the deceased's last testamentary intentions on the evidence presented, and accordingly declared the document valid as the deceased's last will.
6 May 2016

Estate of Janet Norma Cherry [2016] NZHC 921

Citation

[2016] NZHC 921
Court

High Court

The unsigned draft will was declared valid under s14 Wills Act 2007 because it plainly appears to be a will and, on the sworn evidence of the solicitor and a witness who took instructions, it expressed the deceased's testamentary intentions; the absence of an earlier will and the consent of the named beneficiaries made it appropriate to grant the order on the papers.
24 Nov 2015

TURNER v MCFADZEAN [2015] NZHC 2941

Citation

[2015] NZHC 2941
Court

High Court

The intended Will met the s 14(1) criteria: it appeared to be a will, was created in New Zealand, and on the evidence (Family Court appointment under s 55, prior instructions and affidavits) expressed the deceased's testamentary intentions despite lack of signature and witnesses; accordingly the court validated the intended Will under s 14 Wills Act 2007 and granted the application.