Estate of Guthrie

[2025] NZHC 195

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-40

[2025] NZHC 195

IN THE MATTER OF

Section 14 of the Wills Act 2007

AND

IN THE MATTER OF

the estate of DIANNE MAREE GUTHRIE (deceased)

AND

IN THE MATTER OF

an application by SANDRA COLLEEN GUTHRIE

Applicant

Hearing:	On the Papers
Counsel:	B J Fuller for Applicant
Judgment:	18 February 2025

JUDGMENT OF CHURCHMAN J

[1]        Sandra Colleen Guthrie and Angela Fay Guthrie (together “the applicants”) have jointly applied, on a without notice basis for a declaration under s14 of the Wills Act 2007 that a document signed by their late sister, Dianne Maree Guthrie, (the Deceased) which does not comply with the requirements of the Wills Act because it has not been signed by the deceased in the presence of two witnesses, be declared a valid will.

[2]       The application is supported by affidavits from another sister of the deceased, Donna Mary Guthrie and a brother of the deceased, Martin Paul Guthrie.

Estate of Guthrie – Document declared a Will [2025] NZHC 195 [18 February 2025]

[3]       Donna Guthrie sets out the correspondence she had with the deceased in relation to the intentions  of  the  deceased  as  to  the  disposal  of  her  estate.  Martin Guthrie, in his affidavit, explains how and where the document that is the subject of the application was found.

[4]       The application is supported by a memorandum of counsel. Counsel submits that the facts in this case fall within the third category identifies by Woolford  J in  Re Cairns1 being that the deceased intended to sign the will but never got around to doing so.

[5]       I am satisfied, on the basis of the two affidavits referred to above that the document that is the subject of the application:

(a)appears to be a Will;

(b)came into existence in New Zealand;

(c)has not been executed in the matter prescribed in  s  11(4)  of  the Wills Act;

(d)expresses the Deceased’s testamentary intentions; and

(e)That consent of all persons who may be potentially affected by the granting of the order have consented to the application.

[6]       I am also satisfied that this is an appropriate case for the application to proceed on a without notice basis.

[7]       Accordingly, I grant the application and approve the draft order filed with the application.

Churchman J

1      Gladwin v Public Trust [2011] NZHC 1596 [2014] 3 NZLR 566.