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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 … Continue reading
Probating a will is generally accepted as an essential step to allow executors to administer an estate. However, where there are challenges or other complications, it is important to appreciate that there may be steps that can be taken without probate. As executors derive title from the will, rather than probate (which merely proves the … Continue reading
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
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
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
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
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
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
Matters of Trust 