Estate of Gates

[2016] NZHC 589

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2016-485-159 [2016] NZHC 589

IN THE ESTATE

of WILLIAM EDWARD GATES

COLIN ROBERT GATES, EDWARD ARTHUR GATES AND ALISTER DAVID ARGYLE

Applicants

On the papers
Judgment:	7 April 2016

JUDGMENT OF MALLON J

[1]      An  application  is  made  under  s  14  of  the Wills Act  2007  for  an  order declaring that a document is the valid will of William Edward Gates, a deceased person. The application is made because the will does not comply with s 11(4) of the Wills Act 2007 in that the witnesses to Mr Gates’ signature were not together when he signed the document or acknowledged that he had signed the document earlier.

[2]      The document amends Mr Gates’ earlier will dated 15 August 2013.   That will was duly executed at the offices of Argyle Welsh Finnigan, a firm of solicitors in Ashburton.  Under that will the beneficiaries of Mr Gates’ estate were his two sons, Colin and Edward.  They were also the executors of his estate, together with Alister Argyle, solicitor.

[3]      The document is a copy of the above will with handwritten amendments. The amendments are as follows:

(a)       The date is crossed out and the date of 24 April 2014 is inserted.

ESTATE OF GATES [2016] NZHC 589 [7 April 2016]

(b)      The foot of the first page of the will is marked “P.T.O”.

(c)      On the second page (noted as such) it is stated: “I would like to bequeath  $1000  to  St  Johns  Ambulance.    Also  I  would  like  to bequeath $1000 to the Cancer society”.

[4]      An affidavit has been filed by Jack Hart.  He deposes that he visited Mr Gates in  Ashburton  Hospital  on  about  24  April  2014  when  Mr  Gates  produced  the document and asked that he sign it as a witness.  Mr Hart did so.  There was no other witness at this time.   He believes the handwritten additions accurately reflect Mr Gates’ testamentary intention because Mr Gates said that he had altered his will by including legacies of $1,000 to certain charities he intended to benefit.

[5]      An affidavit has also been filed by Brendon Soal.   He was a patient in Ashburton Hospital and was placed in the same room as Mr Gates.  He had known Mr Gates for 35 years.  Mr Gates was anxious to have a new will completed.  On

24 April 2014 Mr Gates produced the document and asked Mr Soal to sign it as one of the witnesses to his will.   Mr Gates had already signed the will.   Mr Soal was familiar with Mr Gates’ signature and knew the signature on the document to be that of Mr Gates.  Mr Soal signed the document on the first page but is unable to say whether the handwritten additions on the second page were present as he was not asked to sign that page. There was no other witness present at this time.

[6]      Mr Gates’ two sons, Colin and Edward, have provided their consent to an

order declaring the document to be valid.

[7]     I am satisfied on the evidence that the document expresses Mr Gates’ testamentary intention.  I declare the document to be a valid will.  The draft order that has been filed can be issued.

Mallon J