Blackwell v Hollings

The case of Blackwell v Hollings involves a dispute over the validity of a draft will of Robert Stanley Chambers, who passed away before he could execute it. Simon Charles Blackwell and Deborah Anne Tohill Chambers, the intended executors and trustees under the draft will, have applied to the High Court of New Zealand for a declaration that the draft will is valid. Caitlin Rose Tohill Hollings, Zelda Eve Tohill Hollings, David Robert Chambers, and Christopher James Chambers, who are family members of the deceased, were served with the application and did not oppose it.

The legal issues before the court were whether the draft will meets the criteria under section 14 of the Wills Act 2007 to be declared as the valid will of the deceased. Specifically, the court had to determine if the draft will appears to be a will, whether it expresses the testamentary intentions of the deceased, and whether it came into existence in New Zealand. Additionally, the court needed to consider whether the draft will complied with the requirements of section 11 regarding execution and attestation.

The court found that the draft will met the criteria for being declared the valid will of the deceased under section 14 of the Wills Act 2007. The draft will appeared to be a will, expressed the testamentary intentions of the deceased, and came into existence in New Zealand. However, it did not comply with the requirements of section 11 concerning execution and attestation. Despite this non-compliance, the court was satisfied that the draft will sufficiently conveyed the deceased’s intentions and thus ordered that it be declared the valid will of Robert Stanley Chambers.

The final order of the court was that the draft will, referred to as exhibit C in the affidavit of Tracylee Caroline Bryant, is declared to be the valid will of Robert Stanley Chambers. This decision allows the applicants to proceed with the administration of the estate according to the terms of the draft will.