Estate of Beauchamp

[2014] NZHC 2006

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2014-485-10800 [2014] NZHC 2006

IN THE MATTER

of the estate of MICHAEL de CHARMES

BEAUCHAMP

AND

PETER BRADFORD JOHNS WENDY LENORE BEAUCHAMP Applicants

On thepapers:
Counsel:	S J Scannell for Applicants
Judgment:	22 August 2014

JUDGMENT OF WILLIAMS J

[1]      The applicants seek an order under s 14 of the Wills Act 2007 (the Act)

declaring a document as a valid will.

[2]      The  applicants  are  executors  under  the  document.    The  second  named executor is the deceased’s former wife.  The first named executor is the deceased’s friend.    The  deceased  had  a  valid  will  dated  3  June  1994  in  which  Wendy Beauchamp was to be the sole executor.  In that will he left his entire estate to her absolutely unless she should predecease him.  If she did he left the residuary estate to any infant children on trust until they should reach the age of 25 and then vesting absolutely.

[3]      The  document  the  subject  of  this  application  is  a  draft  will  prepared sometime in 2014 by the same Hastings solicitors who prepared the valid will.   I have identified above the executors under that document.  The document provides for bequests – $20,000 to a friend, Karen Shailer, and a mini motor vehicle to the co- executor Peter Johns.  The remainder is to be vested in a trust to be distributed on

30 June 2016 – with one-third to each of his three daughters: Lorna Caroline Stanley,

ESTATE OF MICHAEL DE CHARMES BEAUCHAMP [2014] NZHC 2006 [22 August 2014]

Joanne Cherie Beauchamp, and Ellen Beth Beauchamp.  The allocation to Ellen Beth Beauchamp is to be held on further trust until she reaches 30 years.  The trustees of that second trust are however empowered to release funds to the beneficiary before that date in order for her to purchase a home or for other special purposes, provided her mother (the co-executor) Wendy Beauchamp consents.

[4]      All parties I have mentioned here consent to the validation of this document as the deceased’s will.  The document is not a valid will in terms of s 11 of the Act, because it has not been executed or attested.  It clearly purports to be a will and was intended to be such.  The deceased simply did not get around to signing it.  I have no doubt   that   it   represents   the   deceased’s   testamentary   intentions   and   so   the requirements of s 14 are satisfied.

[5]      In light of the consent of all affected parties, it is in order for me to validate the document as the will of the deceased.

Williams J