Estate of Gallot

[2025] NZHC 2300

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-135

[2025] NZHC 2300

UNDER

section 14 of the Wills Act 2007

AND

IN THE MATTER OF

an application by the PUBLIC TRUST for an order validating the will of SELWYN FREDERICK LISTER GALLOT

(Deceased)

Hearing:	6 August 2025
Counsel:	G M Cairns for Applicant
Judgment:	13 August 2025

JUDGMENT OF GRAU J

Application to validate a will

[1]                 The Public Trust has applied for an order under s 14 of the Wills Act 2007 that a document be declared as the valid will of Selwyn Gallot. It also seeks an order granting probate in common form over the will.

Background

[2]                 On 22 September 2006, Mr Gallot had made a will appointing the Public Trust as his executor and trustee (the 2006 Will).

[3]                 In early December 2023, Mr Gallot was diagnosed with terminal cancer and was advised that he had 12 to 18 months to live. This sad event motivated him to put his affairs in order. He prepared detailed written instructions. He signed and dated

ESTATE OF GALLOT [2025] NZHC 2300 [13 August 2025]

two copies of those instructions on 17 December 2023, although his signature was not witnessed.

[4]                 On 8 January 2024, which was Mr Gallot’s 84th birthday, he contacted the Public Trust call centre to arrange a meeting for a new will and enduring power of attorney documents. He also emailed to Public Trust a copy of his typed will instructions, although it appears he emailed an unsigned copy of those instructions.

[5]                 Slightly over a month later, on 7  February  2024,  a  Public Trust advisor,  Ms Leifi, met with Mr Gallot to take his instructions for a new will. She told him a draft will would be prepared in seven to 10 days’ time. Mr Gallot then contacted Public Trust on 6 March 2024 as he had not heard back. Ms Leifi’s affidavit also records that Mr Gallot contacted the Public Trust by telephone on 12 and 13 March 2024 to follow up. Ms Leifi has explained that she was unable to prepare Mr Gallot’s documents in a timely manner because of other work commitments.

[6]                 Mr Gallot died on 28 March 2024 before Public Trust provided him with a new will to review and execute.

[7]                 The application seeks to validate the signed version of the typed will instructions Mr Gallot had prepared and sent to Ms Leifi at the Public Trust on        8 January 2024.  Ms  Leifi  did  not  take any  notes  when  she met  Mr  Gallot  on   7 February 2025. However, she has deposed that she clearly recalls Mr Gallot’s instruction that his typed will instructions were accurate. As above, those instructions provided to Public Trust were unsigned, although Mr Gallot had also signed two copies that have now been provided by his surviving partner. Although Ms Leifi had started to prepare a draft will following the meeting, it did not represent Mr Gallot’s instructions to Public Trust as it was incomplete, and had not yet been referred to Public Trust’s legal team.

[8]                 The persons potentially affected by the application are Mr Gallot’s long- standing de facto partner,  Margaret  Maureen  Squires  (Maureen),  his  nieces Tonya Gallot, Andrea Black, Danielle Gallot and Suzanne Gallot, a great-nephew, Edward Gallot, and his three stepchildren—Loren, Keryn and Darryl Squires. In a

minute dated 28 February 2025, Churchman J directed those parties to be served with the application.1

[9]                 By memorandum dated 15 April 2025, counsel for Public Trust advised the Court that all parties had been served, and no opposition had been received. Counsel also advised that, following a query by Maureen’s solicitor about Public Trust’s application for costs to be paid out of estate funds, it had been agreed that Public Trust would be responsible for those costs.

[10]              Public Trust was subsequently directed to file written submissions and the application has been referred to me for a determination on the papers.2

Discussion

[11]              The approach under s 14 of the Wills Act is well established. For a document to be declared as a will, it must appear to be a will,3 it must fail to meet the formal requirements,4 it must have come into existence in or out of New Zealand,5 and it must express the testamentary intentions.6 The Court adopts a reasonably robust approach to the last of these requirements.7

[12]              I am satisfied that the requirements are met here, and the order should be made. Mr Gallot prepared and signed detailed instructions for a new will in December 2024. He provided those instructions to Public Trust on 8 January 2024 (although an unsigned copy), he discussed them with the Public Trust’s advisor, but he died before Public Trust had prepared his new will based on those instructions. The signed instructions do not comply with s 11 of the Wills Act, as the signature was not witnessed.8

1      Estate of Gallot HC Wellington CIV-2025-485-135, 28 February 2025 (Minute of Churchman J).

2      Estate of Gallot HC Wellington CIV-2025-485-135, 8 May 2025 (Minute of Preston J).

3      Wills Act 2007, s 14(1)(a).

4      Section 14(1)(b).

5      Section 14(1)(c).

6      Section 14(2).

7      Re Estate of Feron [2012] 2 NZLR 551; Re Estate of Campbell [2014] NZHC 1632.

8      Wills Act, s 11(4).

[13]              I am also satisfied Mr Gallot’s instructions reflect his testamentary intentions. All of the changes between Mr Gallot’s 2006 Will and the Will instructions he prepared and discussed are logical. As Public Trust has observed, the changes appear to reflect the developments in Mr Gallot’s life and family over the 18 years that followed his 2006 Will. I note here that there is no opposition from any of the affected beneficiaries who have been served with the application. I accept that there is no suggestion of undue influence or capacity issues in respect to Mr Gallot at the time of him giving his instructions to Public Trust. The delay between the giving of his instructions and his death is relatively minor, being only seven weeks. I also agree it is appropriate to validate the signed version of Mr Gallot’s instructions, as opposed to the unsigned version.

[14]              However, I am not satisfied the Court is in a position to grant probate in common form. An affidavit in compliance with r 27.4 and Form PR 1 of the High Court Rules 2016 has not been filed, and an undertaking has not been given that the executor (in this case Public Trust) will faithfully execute the will. As in Re Hunter, I consider an application for probate in common form should be made to the probate unit of the High Court.9

Result

[15]              The application is granted in part. I make the order declaring the signed typed will instructions to be the valid will of Selwyn Frederick Lister Gallot.

[16]              I decline to make the order for grant of probate in common form. Public Trust is directed to file an application for such an order with the probate unit of the High Court.

9      Re Hunter [2024] NZHC 627 at [27] citing Swift v Rogers [2022] NZHC 2543 at [80]; and Watt v Owston-Doyle [2015] NZHC 1292 at [15].

[17]              Public Trust, as it has agreed, will bear the costs and disbursements arising out of the application.

Grau J

Solicitors:
Thomas Dewar Sziranyi Letts, Lower Hutt for Applicant