IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2017-409-185
[2018] NZHC 359
UNDER the Wills Act, s 14 IN THE MATTER OF
the Estate of Paula Jane Capstick
IN THE MATTER OF
An application for an order that a document be declared a valid will of the deceased PAULA JANE CAPSTICK
BETWEEN
JONATHAN IRWIN FARQUHAR AND KATHRYN MARY SOMMERS
Applicants
Hearing: 7 March 2018 Appearances:
M M Bell for the Applicants
Judgment:
8 March 2018
JUDGMENT OF MANDER J
[1] The applicants, Jonathan Farquhar and Kathryn Sommers, seek an order under the Wills Act 2007 for a declaration that a draft will and a solicitor’s file note be declared to constitute the valid will of Paula Jane Capstick. The applicants were nominated by Ms Capstick to be her executors and trustees in the draft will.
The evidence
[2] On 12 February 2016, Lorrin Currie, a solicitor of Kaiapoi, took instructions from Ms Capstick over the phone to update her will. Ms Capstick had previously signed a will. However, as she explained to Ms Currie, she had been considering changes to her will for some time because her mother had passed away since the making of her last will in 2012.
RE ESTATE OF CAPSTICK [2018] NZHC 359 [8 March 2018]
[3] Ms Capstick had available to her a copy of her 2012 will, and Ms Currie took Ms Capstick’s instructions regarding the changes she wished to make. These were as follows:
(a)Executors: As her mother had passed away she was to be removed as an executor. Ms Capstick was happy to leave one of the existing executors, Mr Farquhar, as an executor, but wished to have her friend, Ms Sommers, added as an executor in substitution of her deceased mother.
(b)Special Gifts: Ms Capstick wanted her jewellery and her mother’s jewellery to be distributed among members of her second cousins, Dawn Farquhar and Lois Edwards’ families (the cousins), although her trustees were to retain the final say on who was to get what items. Ms Capstick specifically listed certain items of jewellery that had been passed to her from her mother and nana which she wanted to remain in her family. Ms Capstick also wanted a significant piece of jewellery to go to Ms Somers’ daughter, Jayde, but did not state anything specific.
(c)Residue: A half share in the residue of the estate to Ms Sommers’ children was to remain unchanged from the previous will. One quarter was to go to Neville Ahlfeld and one quarter to the grandchildren of the cousins. The age of attainment was to be 20 years, but Ms Capstick was very clear that the grandchildren should have the ability to access the funds for ongoing education and medical needs prior to reaching 20 years.
[4] These instructions were recorded by Ms Currie and annexed to her affidavit filed in support of the application.
[5] After taking instructions, Ms Currie prepared a new will which she posted…
Keep reading for free
Create a free CaseChat account to read Estate of Capstick and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NZHC 359
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.