Estate of Cross

Paula Christine Cross applied to the High Court of New Zealand for a declaration that the will of Shirley Bertha Cross, dated 7 July 2014 but executed on 6 July 2014, is valid. She also sought a grant of probate in common form in her favour. Shirley Bertha Cross had passed away on 9 July 2014, leaving behind two daughters, Paula and Sandra Abel. The will in question contained provisions for the appointment of executors and trustees and the disposition of the deceased's property. The document was executed in the presence of the applicant, Sandra, and the deceased's former husband and his wife. However, only the applicant and Sandra signed the will as witnesses.

The court had to determine whether the document complied with the statutory requirements for a valid will under the Wills Act 2007. The court considered the nature of the document, the circumstances in which it was executed, and the evidence provided by the witnesses. The court found that the document satisfied the requirements of section 8 of the Wills Act 2007, which defines a will, and section 11, which sets out the requirements for the validity of a will. The court also addressed the issue of section 13 of the Act, which provides that a disposition of property in a will is void if the disposition is to a witness. However, the court found that the requirement for at least two witnesses who are not described in the subsection can be satisfied in this case. Furthermore, the court found that all the persons who would benefit directly from the avoidance of the disposition consented in writing to the distribution of the property.

Based on the evidence before the court and the arguments presented by the parties, the court was satisfied that the document executed by Shirley Bertha Cross on 6 July 2014 was a valid will. The court found that the document met the requirements of sections 8 and 11 of the Wills Act 2007 and that the dispositions in the will were valid and effective. The court also found that the applicant was entitled to a grant of probate in common form as one of the executors named in the will. The court left it to counsel to file an appropriate form of order and probate.

In summary, the High Court of New Zealand granted the application for a declaration that the will of Shirley Bertha Cross, dated 7 July 2014 but executed on 6 July 2014, is valid and for a grant of probate in common form in favour of Paula Christine Cross. The court found that the document met the statutory requirements for a valid will and that the dispositions in the will were valid and effective. The court also found that Paula Christine Cross was entitled to a grant of probate in common form as one of the executors named in the will.