Estate of Jameson

[2017] NZHC 403

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2017-485-132 [2017] NZHC 403

IN THE MATTER	of section 14 of the Wills Act 2007
AND
IN THE MATTER	of the estate of IAN ROBERT JAMESON Deceased

Hearing:	On Papers
Counsel:	S Heays for Applicant
Judgment:	13 March 2017

JUDGMENT OF SIMON FRANCE J

[1]      This is an application to declare a document to be a valid will under s 14 of the Wills Act 2007.

[2]      The testator had a friend prepare his will.  The friend and the testator were seemingly unaware of the requirement for two witnesses in the presence of each other. The document contemplated one witness, and that is what occurred.

[3]      The document begins:

This is the last will and testament of Ian Robert Jameson of ….  I hereby

revoke all other wills and testaments.

The contents are orthodox leaving all his estate to his wife.  If she predeceases, then to his children in nominated shares.

[4]      The witness has sworn an affidavit.   It was she who drafted the will on

Mr Jameson’s instructions.  He confirmed to her it represented his wishes.  She saw him sign it and herself then immediately witnessed the will.

ESTATE OF I R JAMESON [2017] NZHC 403 [13 March 2017]

[5]      The applicant is Mr Jameson’s surviving spouse.  Her only two children have both consented to the application.

[6]      There  is  no  doubt  the  document  represents  Mr Jameson’s  intended  will. Although it is improperly witnessed, the circumstances show there was a witness present who saw him sign, and who is in a position to confirm it was her expressed intention.   There is nothing unusual about the  contents that might cause one to hesitate, or inquire further.

[7]      I declare the document dated “14 day of 9 2013”, and headed as described in

para [3] above to the valid will of Mr Ian Robert Jameson.

Simon France J