Estate of Edwards

[2024] NZHC 2047

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2024-485-411

[2024] NZHC 2047

IN THE ESTATE

of PAULA EDWARDS formerly Auckland, Marketing Co-Ordinator, latterly of Glen
Eden, Auckland, Retired Credit Manager, Deceased

BETWEEN

JEREMY DAVID EDWARDS AND GAIL LAFFERTY

Applicants

On the Papers
Counsel:	M J Hawkins for Applicants
Judgment:	25 July 2024

JUDGMENT OF GWYN J

(Order under s 14 Wills Act 2022)

[1]                 Paula Edwards died on or about 15 February 2024. Jeremy Edwards, her son, and Gail Lafferty, her sister, apply for an order that a document be declared her valid will.

[2]                 The document in question is professionally drafted and is in all manner and form a correct will.

[3]                 The evidence filed establishes that on 1 July 1999 Paula Edwards’ solicitors sent to her a draft will for her approval, prepared by them in accordance with her instructions. The will was signed by Paula Edwards, without her signature being witnessed. The applicant Gail Lafferty deposes that the deceased’s signature on the

RE THE ESTATE OF EDWARDS [2024] NZHC 2047 [25 July 2024]

will matches the deceased’s signature on a Deed of Acknowledgement of Debt dated 1 July 1999, which was signed by the deceased in Ms Lafferty’s presence.

[4]                 I am satisfied this is an appropriate case for an order under s 14 of the Wills Act  2022  declaring  the  document  called  the  “Last  Will  and  Testament   of Paula Edwards” and signed by her on 20 August 1999 a valid will.

Gwyn J

Solicitors:

North Harbour Law, Orewa