Estate of Edmonds

[2025] NZHC 1648

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-119

[2025] NZHC 1648

IN THE MATTER

of section 14 of the Wills Act 2007

AND

IN THE MATTER

of the estate of MURRAY-LEE JAN EDMONDS (Deceased)

AND

IN THE MATTER

of an application by IRITANA TE WHATA ROPOAMA EDMONDS

Applicant

Hearing:	On the Papers
Counsel:	R A van Duin for Applicant
Judgment:	19 June 2025

JUDGMENT OF CHURCHMAN J

[1]                 By originating application without notice filed at Court on 7 February 2025 the applicant sought an order declaring a document to be a valid Will under s 14 of the Wills Act 2007.

[2]The application came before La Hood J as duty Judge on 26 February 2025.1

[3]                 La Hood J was not satisfied that it was appropriate for the application to proceed on a without notice basis and directed service on the deceased’s de-facto partner, Kellie Emery.

1      Re the Estate of Murray-Lee Jan Edmonds CIV-2024-485-119 Minute of La Hood J 26 February 2025.

The estate of EDMONDS (Deceased [2025] NZHC 1648 [19 June 2025]

[4]                 La Hood J also made directions that the applicant was to file a range of further information.

[5]                 The applicant has now served the proceedings on Kellie Emery with an affidavit of service dated 21 March 2025 having been filed. Kellie Emery has not filed any documentation in Court since being served, and the time for her to do that has now passed.

[6]                 Counsel for the applicant  has  now  filed  a  detailed  memorandum  dated  17 June 2025. Filed along with the memorandum are:

(a)A certificate from Te Tari Taiwhenua/Internal Affairs confirming that a search of the index of registers kept in the Registrar General’s Office has revealed no paternity orders involving the deceased.

(b)An affidavit of Elenoa Ofa, the JP who witnessed the document which the applicant wishes to be validated as a Will. This affidavit explains the circumstances in which the document was executed with only one witness. The affidavit also contains an expression of belief by Ms Ofa that the contents of the document she witnessed were intended by the deceased to be his last Will and testament. She also noted that, present at the signing of the Will, was Ms Emery who did not say anything during the duration of her attendance.

Analysis

[7]                 As a result of the documents now filed I am satisfied that the Court has enough information to consider the application. I am satisfied that the document which is sought to be validated as the deceased Will was made by him, in New Zealand and intended by him to be his last Will and testament.

[8]                 In her affidavit, Ms Ofa has satisfactorily explained why the Will had only one witness.

[9]                 Appropriate inquiries have been made of the Public Trust, Perpetual Guardian and the New Zealand Law Society as to whether any Will was held for the deceased and no such Will has been located.

[10]It is clear that the applicant is the only child of the deceased.

[11]             It is also clear that the deceased’s estate is modest with bank accounts of approximately $20,000 and a motor vehicle with an estimated value of $5,000.

Outcome

[12]             Accordingly, I make an order under s 14(2) of the Wills Act validating as the last Will of the deceased, the handwritten document dated 22 August 2024, a copy of which was attached to the application.

[13]I approve for sealing the draft order filed with the application.

Churchman J

Solicitors:
Dorrington Poole, Dannevirke for Applicant