Estate of Hazak-Colley

[2019] NZHC 117

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-152

[2019] NZHC 117

IN THE MATTER

of section 14 of the Wills Act 2007

AND

IN THE MATTER

of an application by ALLANAH DOROTHY HAZAK COLLEY of Wellington, Lawyer, for an order that a document be declared a valid Will of the deceased NELLY VANDA HAZAK-COLLEY of Auckland,

Compliance Manager

Hearing:	(On the papers)
Judgment:	11 February 2019

JUDGMENT OF BREWER J

Solicitors:

Gaze Burt (Albany) for Applicant

ESTATE OF HAZAK-COLLEY [2019] NZHC 117 [11 February 2019]

[1]                 Ms Hazak-Colley applies without notice for an order that the draft Will of her deceased mother be declared a valid Will.

[2]I have read the affidavits accompanying the application.

[3]I am satisfied the draft Will expresses the deceased’s testamentary intentions.

[4]                 There is a drafting infelicity in that clauses 3 and 4 dispose of all the deceased’s property but clause 5 has a general gift-over of residuary property. However, that is a redundancy rather than a contradiction.

[5]                 If the draft Will is not a valid Will then the deceased would be intestate. The people who would be entitled to claim on an intestacy are the deceased’s husband and children. All have consented to the application.

[6]                 The application is granted. An Order may be sealed in the form provided to the Court.

Brewer J