Estate of Anngow
[2025] NZHC 1670
•23 June 2025
IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CIV-2025-412-52
[2025] NZHC 1670
UNDER the Wills Act 2007, s 14 IN THE MATTER OF
the estate of HAYLEY JANE ANNGOW
JOEL CHARLES ANNGOW
Applicant
Hearing: On the papers Appearances:
A J Marslin for the Applicant
Judgment:
23 June 2025
JUDGMENT OF MANDER J
[1] The applicant, Joel Anngow, applies for an order that a document prepared for his sister, Hayley Anngow (the deceased) be validated as her will pursuant to s 14 of the Wills Act 2007. Mr Anngow is named as an executor and trustee of the deceased estate.
[2] There is also an interlocutory application made by Mr Anngow seeking the appointment of Grant Lister as the litigation guardian of the deceased’s children, both of whom are minors.
Background
[3] In the course of engaging solicitors for the conveyance of a property purchase, the deceased took the opportunity to instruct her solicitors to prepare a will. The deceased, who was never married, had previously been in a relationship with Mr Lister
RE ESTATE OF ANNGOW [2025] NZHC 1670 [23 June 2025]
which produced two children. She had separated from Mr Lister some five years ago and retained full custody of the children.
[4] In April 2024 and over the course of July and August of that year, the deceased had a number of discussions with Mr Anngow in which she disclosed she was preparing a will and that she wished her brother to act as guardian of her two infant children in the event of her death should they still be minors. Mr Anngow advised her he was willing to accept that responsibility.
[5] Over that period and into early September, the deceased engaged with her solicitors regarding the content of her will, including arrangements regarding the care of her children. A draft will was sent to her towards the end of August 2024. On 27 August, her solicitors received an email from the deceased advising she was satisfied with its contents. There were some further exchanges with the solicitors regarding the care of the children that took place in September. This included the deceased emailing attached handwritten comments to the draft will and referenced discussions she had with her brother.
[6] On 18 October 2024, the deceased’s finalised will was sent at her request by post to her parents’ place in Mosgiel. Instructions were included as how to properly execute the will. On 15 January the following year, the solicitors received a call from the deceased’s father advising he had not received the will. At his request, arrangements were made for the document to be uplifted from the firm’s Mosgiel office. The family were planning a weekend away in Queenstown on 4 April 2025 and it was intended the deceased would sign her will at that time. The will was collected from the solicitors’ Mosgiel branch on 20 January 2025. However, the deceased died on 6 March at her home in Wellington.
[7] Mr Anngow has deposed that, to the best of his knowledge, the gross value of the deceased’s estate does not exceed $250,000. The only persons with a beneficial interest in the estate under either the Administration Act 1969 or the document sought to be validated as the deceased’s last will are her children, a daughter aged 12 years and a son aged 10. A copy of the document prepared by the solicitors that was sent to its Mosgiel branch and subsequently uplifted was exhibited to an affidavit filed by a
registered legal executive of that firm. She has confirmed the document was that which the deceased had intended take effect as her last will.
Appointment of litigation guardian
[8] The application to validate the document as the deceased’s will was accompanied by an application to appoint Mr Lister as the children’s litigation guardian for the purposes of this proceeding. Mr Lister consents to being the children’s litigation guardian. In an affidavit accompanying the application, he confirmed that he and the deceased were in a de facto relationship between January 2012 and March 2019, and were living together when both children were born. Mr Lister deposes that he is aware the deceased was not survived by a spouse, civil union partner, or by any de facto partners, entitled to succeed on the intestacy.
[9] The children have resided with Mr Lister and will continue to reside with him during their minority. He does not have any beneficial interest in the estate of the deceased and has no interest adverse to that of the children. Mr Lister approves and supports both his appointment as litigation guardian and, in that capacity, would consent to the validation of the document intended to take effect as the deceased’s last will under s 14.
[10] Having read the application and supporting documents, an order is made appointing Mr Lister as the litigation guardian for the two children.
Declaration of document as valid will
[11] A document that does not comply with the requirements for executing a will may be validated by this Court if it is satisfied it expresses the deceased’s testamentary intentions. Section 14 of the Wills Act provides:
14 High Court may declare will valid
(1)This section applies to a document that—
(a)appears to be a will; and
(b)does not comply with section 11; and
(c)came into existence in or out of New Zealand.
(2)The High Court may make an order declaring the document valid, if it is satisfied that the document expresses the deceased person’s testamentary intentions.
The court may consider—
(a)the document; and
(b)evidence on the signing and witnessing of the document; and
(c)evidence on the deceased person’s testamentary intentions; and
(d)evidence of statements made by the deceased person.
[12] The document sought to be validated was not signed by the deceased and, as a result, none of the other formalities required for the execution of the document as a will have been completed. It otherwise has all the appearances of a will.
[13] Mr Anngow has deposed to having made full enquiries and searches for any earlier will made by the deceased. He is satisfied his sister did not execute an earlier will, and if the document the subject of the application is not declared to be a valid will the deceased will be intestate.
[14] The deceased’s two children are the only beneficiaries with an interest in the unsigned will and are the only persons who would benefit on an intestacy. The deceased was not survived by any other children. Enquiries have been made, for the purposes of the Status of Children Act 1969, as to the existence of a parent or child of the deceased (other than those known to Messrs Anngow and Lister) who could claim an interest in the estate by reason of that Act and the enactments governing the distribution of interstate estates. Those enquires, which extended to a search of the Registrar of Instruments, Declarations and Orders maintained by the Registrar- General, and an inspection of the deceased’s papers, that were also searched for any will made by the deceased, have not revealed any other person with a possible claim. Neither Mr Anngow nor Mr Lister know of any other person, apart from the deceased’s two children, who has an interest in her estate.
[15] Having read the material filed in support of the application and, in particular, the affidavits filed by Mr Anngow and by the legal executive from the firm of solicitors involved in preparing the document for the deceased as her will, I am satisfied it is an
expression of the deceased’s wishes and reflects her testamentary intentions that her two children share equally in her estate. I am satisfied no other person is affected by the validation of the document as the deceased’s will. Further, that had the deceased not died prior to being able to do so, the document would have been signed by her and executed as the deceased’s last valid will. There is no indication that prior to the deceased’s death it was not her intention to execute the document as her will, nor that its contents do not reflect her testamentary intentions.
[16] Being satisfied therefore that the unsigned document, finalised by her solicitors and approved by the deceased in its final form, expresses the deceased’s testamentary intentions, I declare, pursuant to s 14 of the Wills Act, that document to be the valid will of Hayley Jane Anngow. There will be an order to that effect in the terms sought in the draft order filed.
[17]No order is required to be made in respect of costs.
Solicitors:
Solomons, Dunedin
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