will validation

This category contains 6 posts

Destruction of notes factor in failed application for will validation

Re Estate of Olive Ruby Piper relates to an application for an order declaring  that a draft will prepared by Public Trust prior to Olive Piper’s death is her last will and testament pursuant to s 14 of the Wills Act 2007. The legislative basis is set out at [2] and [18] as follows: [2] … Continue reading

Capacity vacuum

In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by … Continue reading

Track changes indicative of intention

Wills that do not meet the requirements of the Wills Act 2007 as set out in s 11 of that Act can be validated pursuant to s 14 of the Wills Act.  As noted in Estate of Phillips at [25], “The critical enquiry is whether the documents does any or all of the things described … Continue reading

Invalid Musings

Violet Filomena Cox (Violet) made a number of wills, the last of which was a hand anotated copy of Violet’s last will and an unsigned draft. The administators of Violet’s estate sought directions under s 66 of the Trustee Act 1956 as to how the estate should be distributed and for a declaration under s … Continue reading

Execution clause reminder

A valid will requires, amongst other things, two witnesses to the signature of the will-maker (see Wills Act, s 11).  Where a will is signed by a will-maker and the requisite two witnesses, this by itself is insufficient to confirm that the witnesses were present when the will was signed.  The standard will attestation reads: … Continue reading

Family at war – but which war?

On 17 July 2016 the Sunday Star Times reported about a family at war over a mansion with an opening quote that read “Lawyers say the judiciary are increasingly overturning wills in family disputes.” The dispute ended up in the High Court, firstly regarding an application for the removal of the trustees and secondly a … Continue reading