In Officer v Hunter the deceased’s last will was made in 2011. In 2016, she signed an amendment, which in fact amended an earlier 2006 will that was revoked by the 2011 will. The applicant, with the consent of all affected parties, requested an order that the 2011 will absent the 2016 amendments is the deceased’s last valid will.  Probate was granted accordingly.

Solemn form

In Andrews v Public Trust, which relates to an application for probate in solemn form, Dunningham J struck out the applicant’s statement of claim in the basis that no arguable course of action was disclosed and the application was otherwise an abuse of process.  This was notwithstanding that, as  noted at [12], “there was some ambiguity as to the record relating to the deceased’s testamentary capacity was the very reason why probate in solemn form was sought.”

Also see Re Estate of Estelle Doris Anne Bellamy, where the amendment to a will that referenced an earlier will that had been revoked by a later will was corrected pursuant to section 31 of the Wills Act 2007.

References:

• Officer v Hunter [2019] NZHC 3269
• Andrews v Public Trust [2024] NZHC 3235
• Re Estate of Estelle Doris Anne Bellamy [2025] NZHC 1658