Estate of Feron

[2012] NZHC 2074

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CIV 2011-476-000617 [2012] NZHC 2074

IN THE MATTER OF     Estate of TIFFANY GWENDA FERON

BETWEEN  RACHEL KATHLEEN SMYTH Applicant

Hearing:         (Dealt with on Papers) Counsel:           R K Smyth

Judgment:      16 August 2012

JUDGMENT OF WHATA J

[1]      In my judgment of 13 February 2012 I resolved that the notes and email purported to:

(a)       Dispose of the deceased’s property;

(b)       Identify Ms Smyth as the sole executor;

(c)       Deal with the residue (though the exact quantum of the share to go

Advance Ashburton has to be inferred by necessary implication); (d) Address funeral arrangements.

[2]      I was satisfied that the notes and the email “appear” to be a will for the purposes of s 14.  While that was so, I directed that the applicant endeavour to obtain the consent of Ms Bateup, Mrs Andrea John and the two charities specified in the

notes as they were affected beneficiaries under a previous will.

Estate of FERON HC TIM CIV 2011-476-000617 [16 August 2012]

[3]      Ms Smyth has now provided an affidavit confirming the consent of all of those persons (or absence of objection) to the declarations sought.

[4]      On that basis I make a notice declaring that the last instructions given by the deceased, Tiffany Gwenda Feron, as contained within the notes attached to my primary judgment, and the email also attached to that judgment, to be a valid will.

Solicitors:

Amicus Legal, PO Box 15, Ashburton