Campbell

[2012] NZHC 1608

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2012-488-000161 [2012] NZHC 1608

UNDER  the Wills Act 2007 and Rules 7.9 and 19.5 of the High Court Rules

IN THE MATTER OF     of the Estate of RAIHA CAMPBELL BETWEEN  STEPHANIE MARIE CAMPBELL AND

STEPHANIE MARIE STOWE

Applicants

Hearing:         On the Papers

Counsel:         JGA Day for Applicants

Judgment:      6 July 2012

JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 6 July 2012 at 4:30 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:

JGA Day, Law North Limited, Kerikeri:  [email protected]

ESTATE OF R CAMPBELL HC WHA CIV-2012-488-000161 [6 July 2012]

[1]      The applicants have applied for an order under s 14 of the Wills Act 2007 (“the Act”) declaring that a document executed by the deceased, Raiha Campbell, in March 2011 (“the 2011 document”) is a valid will.

[2]      On 18 February 2009, the deceased executed a will (“the 2009 will”) naming the applicants as joint executrixes and trustees.  The 2011 document was signed by the  deceased  in  March 2011,  her  signature  being  witnessed  by  one  witness,  a homecare worker who assisted the deceased prior to her death.  The deceased died on 31 March 2011, but the 2011 document was not dated, nor witnessed by a second witness as the Act required. [1]  Accordingly, the document is not a valid will.

[1] Wills Act 2007, s 11(4).

[3]      The 2011 document differs from the 2009 will only in one respect.  The 2011 document provides that a one-fifth share in the residuary estate, which in the 2009 will had been bequeathed to one of the deceased’s granddaughters (TC) on trust, was to be bequeathed absolutely to TC.

[4]      The 2011 document was prepared as a will by the deceased’s solicitors in January 2011, following her instructions, on the basis that the deceased then believed her granddaughter to be sufficiently mature to receive her share of the estate absolutely.  There is no question that the 2011 document represents the deceased’s wishes as expressed shortly before her death.

[5]      All interested parties have been served with the application and there is no opposition to the order sought.

[6]      Accordingly, I declare pursuant to s 14 of the Act that the undated document prepared  in  January 2011  and  signed  by  Raiha  Campbell  in  March 2011,  and witnessed by Maree Therese Yovich, is the valid will of Raiha Campbell formerly of Kaeo.

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Toogood J