Insufficient clarity

In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording can, in appropriate circumstances, be validated under s 14 [of the Wills Act]…” See for example Estate of Gaylene Harvey where the transcript of a video was validated as a will.

Boldt J went on at [8] to explain that the transcript could not be validated as “… the overarching requirement is always that the document expresses the deceased person’s intentions. Here — and this was no one’s fault — that simply did not occur. I have attempted to identify a passage in the transcripts which clearly indicates Mr Pepere wanted to divide his assets equally among his children, but I can find no unequivocal statement to that effect.”

Accordingly, the deceased died intestate meaning that the provisions set out in section 77 of the Administration Act will determine the distribution of the deceased’s estate.

References:

• Estate of MTMW Pepere [2024] NZHC 2887
• Wills Act 207, s 14
• Estate of Gaylene Harvey [2024] MZHC 1084

Administration Act 1969