Estate of Flanagan

[2016] NZHC 2995

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-001173 [2016] NZHC 2995

IN THE ESTATE               of Anthony Paul Flanagan, Deceased

Hearing:	12 December 2016 (On the papers)
Appearances:	C W Knowles for Applicants
Judgment:	12 December 2016

JUDGMENT OF DUNNINGHAM J

[1]      On 8 June 2015, Anthony Paul Flanagan (the deceased), died from cancer. His  wife,  Lynette Philippa  Ford,  explains  in  her  affidavit  evidence  that,  on

30 May 2015, a few days before his death, the deceased decided to prepare a new will.  He typed the will himself and discussed the contents of it with her and each of his four children.   The will left various specified personal effects  along with a monetary bequest, to each of his four children, and the balance of his estate to his wife.   It is this document which Ms Ford now seeks to have validated as the deceased’s last will because she believes it expresses his intentions as to how his estate should be distributed.

[2]      Following his death the personal effects of the deceased were distributed in accordance with the 30 May 2015 document, and the four children signed the document acknowledging receipt of those items on 21 June 2015.

[3]      Ms  Ford  now  seeks  an  order  from  the  Court  granting  probate  of  the

30 May 2015 document as a will even though it does not comply with the formalities

Estate of ANTHONY PAUL FLANAGAN [2016] NZHC 2995 [12 December 2016]

in the Wills Act 2007 as it is not signed or witnessed. Accompanying the application is the signed consent of each of the four children to the application being granted.

[4]      Ms  Ford  also  attests  to  the  fact  that  enquiries  have  been  made  for  the purposes  of the  Status  of Children Act  1969  and  there is  no  evidence  that  the deceased had any other children.

Decision

[5]      The Wills Act 2007 provides that a document may be declared a valid will under s 14 if:

(a)       it appears to be a will;

(b)      it does not comply with s 11 (relating to formalities); and

(c)       the Court is satisfied that it expresses the deceased’s testamentary

intentions.

[6]      Having  regard  to  the  affidavit  evidence  of  Ms  Ford,  it  is  clear  that  the document attached to the application and described as the last will and testament of Anthony Paul Flanagan does express the deceased’s testamentary intentions.  As all persons who would be affected by this application have provided their consent to the application being granted, I am satisfied it is appropriate to do so.

[7]      Accordingly,   the   application   is   granted   in   terms   of   the   draft   order accompanying the application.

Solicitors:

Helmore Stewart, Rangiora