Cairns v Cairns

[2020] NZHC 2762

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2020-412-000077

[2020] NZHC 2762

UNDER

the Wills Act 2007

IN THE MATTER OF

the Estate of DAVISON BUTLER CAIRNS

BETWEEN

NOELINE EDWA CAIRNS

Applicant

AND

JULIE ANN CAIRNS,

JANE MEREDITH BOYD and SIMEON PETER CAIRNS

Respondents

Hearing:	On the papers
Counsel:	J Stringer for the Applicant
Judgment:	21 October 2020

JUDGMENT OF NATION J

[1]    These proceedings concern the estate of the late Davison Butler Cairns (Davison) who died on 15 February 2019. His widow, Noeline Edwa Cairns (Noeline), applies under s 14 Wills Act 2007 for an order declaring documents to constitute a will.

[2]    In a judgment of 29 September 2020, Osborne J said he was satisfied that Davison’s testamentary intentions were clear. He wanted his children to receive his estate. In practical terms, that meant his half-share of the proceeds of sale from their Clyde home. Osborne J indicated in his judgment that the Applicant needed to specify the documents and which parts of them were to constitute Davison’s will. He also

CAIRNS v CAIRNS [2020] NZHC 2762 [21 October 2020]

directed the proceedings were to be served on the three children of Davison and Noeline.

[3]    The applicant has now filed an amended originating application referring to the particular relevant documents as directed by Osborne J.

[4]The proceedings have been served in accordance with his Honour’s direction.

[5]    The applicant has confirmed that the document to be confirmed as the last valid will of Davison is to be those clauses of his executed will dated 29 August 2014, as referred to in the schedule attached to the amended originating application on notice for order under s 14 Wills Act 2007, filed with the High Court on 19 October 2020. That document is consistent with the testamentary intentions of Davison, as recorded in the file note of the deceased by his solicitor Mary Flannery dated 26 January 2019 and in a letter from AWS Legal dated 28 January 2019.

[6]    Pursuant to s 11 Wills Act, this Court makes an order declaring the following document the valid will of Davison Butler Cairns, late of Clyde, deceased: those clauses in his executed will dated 29 August 2014 as set out in the schedule attached to the amended originating application on notice for order under s 14 Wills Act 2007, filed with the Court on 19 October 2020.

[7]    The costs of and incidental to this proceeding are to be met by the estate of the deceased.

[8]    The hearing scheduled for the application on Tuesday 17 November 2020 in the Dunedin High Court is vacated.

Solicitors:

Checketts McKay Law Ltd, Alexandra Anderson Lloyd, Dunedin.