The background of Re Public Trust regarding an originating application for an order for the grant of probate in solemn form as set at [1] as follows:
Muir J in considering the matter was clear that although the deceased clearly wished to up-date her will, and that Public Trust acknowledged that the 2009 will did not reflect the deceased’s testamentary intentions at the time of her death, the fact that [the deceased] wished to alter the 2009 will does not affect its validity. In the absence of a subsequent will capable of being validated under section 14 of the Wills Act 2007, the 2009 will must prevail.
The court does not have the power to re-write wills (see Ormsby v Van Selm at 30(g) distilling key principles regarding the modern approach to Family Protection Act 1955 claims).
However, notwithstanding this, in light of the 2017 draft will, Muir J took the following approach:
References:
- Re Public Trust [2022] NZHC 3557
- Wills Act 2007, s 14
- Administration Act 1969
- Ormsby v Van Selm [2015] NZHC 2822
- White v White [2014] NZHC 865
Matters of Trust 
Nice idea, but each charity would have to consider whether the application of a sum, due to the charity, in favour of the Bougainville women, would accord with the charity’s deed. That’s 29 charities getting advice on 29 deeds. It’s not like settling a family provision/family protection claim, at a mediation, where there is often a bit of wiggle room for the charity.
Posted by David Marks KC | January 8, 2023, 8:27 pm