Estate of Hunt - [2025] NZHC 1882

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-2592

[2025] NZHC 1882

UNDER the Wills Act 2019 and Part 19 of the High Court Rules 2016

IN THE MATTER

of the Estate of MONICA MARY HUNT

BY

PETER GERARD FROMONT and LUKE NORMAN CRAWFORD

Applicants

Hearing: 26 May 2025

Appearances:

JWH Little for Applicants

KJ Crossland for Interested Party M G Fromont A Gilchrist for Interested Party J M Fromont

Judgment:

10 July 2025

JUDGMENT OF WILKINSON-SMITH J

This judgment was delivered by me on 10/07/2025 at 3 pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:
Sellar Bone & Partners, Auckland Shortland Chambers, Auckland Righteous Law, Auckland
Kiely Thompson Caisley, Auckland Southern Cross Chambers, Auckland

Re ESTATE OF MONICA MARY HUNT [2025] NZHC 1882 [10 July 2025]

Introduction

[1] Monica Mary Hunt died on 16 May 2024, aged 88. Ms Hunt was married for 46 years but she and her husband had no children, and her husband predeceased her. She did, however, have a large extended family including stepchildren, nieces and nephews. She signed a will in May 2023 dividing the main part of her estate between her stepchildren and her nieces and nephews and leaving the residue to named step-grandchildren, great-nieces and nephews, and a cousin.

[2] In the weeks leading up to her death, Ms Hunt was clearly concerned about her will. She made various lists or notes itemising which of her possessions were to go to particular family members. Each of these documents was witnessed by a family member. Most of the changes related to items of relatively small monetary value; but one change was more significant.

[3] Peter Fromont (Peter),1 Ms Hunt’s nephew, deposes that on 10 May 2024, Ms Hunt told him that she wanted to make provision for her niece-in-law, Jillian Fromont (Jillian). Jillian’s husband, Paul Fromont (Paul), had been included as a beneficiary in an earlier will along with his brothers and sister, but died in 2022 and was not named as a beneficiary in Ms Hunt’s most recent will. Peter’s evidence is that Ms Hunt told him she would like to reinstate Paul as a beneficiary at the same level as his siblings. Peter prepared a handwritten note setting out Ms Hunt’s intention and read it to Ms Hunt, who signed it.

[4] If validated as a codicil to Ms Hunt’s will, the effect of the 10 May 2024 note will be to increase one group of beneficiaries from six to seven in number. Each existing beneficiary will have their entitlement reduced by approximately $50,000, while Jillian will receive the bequest that would have been her late husband Paul’s share.

[5] Peter Fromont and Luke Crawford as executors of Ms Hunt’s last will dated 9 May 2023 apply for orders:

1 I refer to members of Ms Hunt’s family by their first names to avoid confusion. I intend no disrespect in doing so.

(a)correcting a drafting…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NZHC 1882
Decision Date: 10 July 2025

CaseChat Overview and Summary

This case involved a dispute over the validity of a handwritten note signed by the deceased, Monica Mary Hunt, as a codicil to her will. The note sought to reinstate her late nephew, Paul Fromont, or his successors, as a beneficiary under her will. The executors of Ms Hunt's will, Peter Fromont and Luke Crawford, sought orders to validate the note under the Wills Act 2007. Mark Fromont, Ms Hunt's nephew, opposed the application on the basis that she lacked testamentary capacity when she signed the note. Jillian Fromont, Paul's widow, supported the application. The Court had to determine whether Ms Hunt had testamentary capacity on 10 May 2024 when she signed the note. This required a consideration of the medical evidence and Ms Hunt's actions and behaviour at the time. The Court found that Ms Hunt did have testamentary capacity on that date, despite her physical frailty and the fact that she was in the final days of her life. The Court accepted the evidence of Peter, who was present when Ms Hunt signed the note, that she was alert and of sound mind. The Court also found that the note, although ambiguous in its use of the word "successors", could be interpreted in light of Ms Hunt's clear intention to benefit Jillian. The Court validated the note and granted probate of the will as modified by the orders of validation and correction.

Orders