Estate of Clark

[2025] NZHC 237

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2025-485-4

[2025] NZHC 237

IN THE MATTER OF

Section 14 of the Wills Act 2007

AND

IN THE MATTER OF

The estate of KATARAINA JUNE CLARK (deceased)

AND

IN THE MATTER OF

An application by NGAHUIA AROHA CLARK

Applicant

Hearing:	On the Papers
Counsel:	K Hatzidakis for Applicant
Judgment:	20 February 2025

JUDGMENT OF CHURCHMAN J [No 2]

The earlier judgment

[1]                 My judgment of 4 February 20251 I indicated that before I was prepared to deal with the application for validation of a Will pursuant to s 14 of the Wills Act 2007 I required an affidavit from the drafter of the Will to confirm that the contents of the document, which was applied to be validated under s 14, represented the testamentary instructions given by the deceased. I confirmed that in the absence of this information I was unable to conclude that the document sought to be validated reflected the deceased testamentary intentions.

1      Re Estate of Kataraina June Clark [2025] NZHC 56.

Estate of Clark – Validation of a document [2025] NZHC 237 [20 February 2025]

[2]                 An affidavit has now been filed by Robyn May Wasson. That affidavit deposes that Ms Wasson was, in 2017, employed by Henderson Reeves (a law firm) as a registered legal executive; that she met with the deceased Kataraina June Clark and took instructions from her for a Will; that she drafted the Will in accordance with those instructions; that on or about 22 August 2017 she mailed a copy of the Will to Ms Clark for signing and also included instructions as to how the Will should be signed.

[3]                 The letter to Ms Clark finished by saying that: “Once [the Will] is signed you should retain the Will with your important papers.”

[4]                 Ms Wasson deposes that she did not follow up with the deceased  after August 2017 and said that this was in accordance with her instructions in the letter that the deceased should retain the original Will.

[5]                 The affidavit confirms that the document which is sought to be validated was the document that she prepared and recorded the deceased’s testamentary instructions.

Analysis

[6]                 I am satisfied that the document in respect of which the application for validation is made:

(a)appears to be a Will;

(b)came into existence in New Zealand;

(c)is only witnessed by one witness and therefore does not meet the requirements of s 11(4) of the Wills Act 2007; and

(d)expresses the deceased’s testamentary intentions.

[7]                 I am also satisfied that any persons potentially affected by the granting of the orders sought have consented to the application and that it is appropriate for the application to be made on a without notice basis.

Outcome

[8]I validate the document dated 18 August 2017 as the valid Will of the deceased.

Churchman J