16 Oct 2023
The Court validated the handwritten, dated and signed document as the deceased's will under s14 of the Wills Act 2007 because the document clearly expressed the deceased's testamentary intention, benefited the only person who would otherwise inherit, and there was no opposition or competing claim making the witnessing defect immaterial to the rights of potential beneficiaries.
16 Feb 2023
Affidavit evidence from the attending solicitor and secretary established that the deceased signed the document and that there were two witnesses present although the second witness's endorsement was inadvertently omitted; the document therefore expresses the deceased's testamentary intentions and under s14(2) the Court declared it a valid will.
4 May 2022
The Court declared the documented 'Will Questionnaire' valid under s 14 because, on the balance of probabilities, it expressed the deceased's testamentary intentions as at 2 August 2020 and affidavit evidence from the witnesses established that the witnessing requirements had been satisfied in substance, curing the s 11(5) defect.
11 Feb 2021
Although the document did not comply with s11's two‑witness requirement, the Court was satisfied the document expressed the deceased's testamentary intentions and therefore, under s14, declared it to be the valid will of Bevan Francis Ryan.
29 Sept 2020
The Court declared the 18 April 2020 document to be the deceased's last will because it was created in New Zealand, the evidence showed it expressed the deceased's testamentary intentions, all potentially affected persons consented, and the Court exercised its s 14 jurisdiction to validate a document that did not comply with s 11 owing to COVID-19 restrictions and urgency.
23 Jul 2020
On the evidence the court was satisfied the handwritten document contained the deceased's testamentary wishes and the attestation formalities were effectively satisfied, and accordingly declared the document to be the deceased's valid will under s 14 Wills Act 2007; the presence of a disposition to a witness rendered that disposition void under s 13 but did not invalidate the will as a whole.
16 Sept 2019
Under s 14 of the Wills Act 2007 the court declared the signed document to be the valid will because it appeared to be a will prepared by a solicitor, expressed the deceased's testamentary intentions, was made in New Zealand and was supported by credible evidentiary facts and consent of the beneficiaries despite noncompliance with s 11.
16 Apr 2019
The document was declared a valid will because it appeared to be a will expressing the deceased's testamentary intentions and the non‑compliance with s11 was a minor, inadvertent omission by a witness; on the balance of probabilities the requirements of s14 were met and validation was appropriate.
15 Nov 2018
The Court was satisfied the Amended 2004 Will and the August 2008 envelopes, taken together, expressed the deceased's testamentary intentions, that the amendments and envelopes were in the deceased's handwriting and reflected intentions falling within matters appropriate for a will, and that on the facts (including unanimous beneficiary consent) validation under s14 of the Wills Act 2007 was appropriate; accordingly the documents were declared the deceased's valid will.
1 Nov 2018
The document was declared a valid will because, although it did not comply with s11 due to having only one witness, the affidavits established that it expressed the deceased's testamentary intentions and all required parties were served with no opposition, authorising the court to validate the document under s14.