IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2020-485-605483
CIV-2022-485-000116 [2022] NZHC 676
IN THE MATTER OF Section 14 of the Wills Act 2007 and Section 31 of the Wills Act 2007 IN THE MATTER OF
An application by Shaun Michael McGivern of Auckland, Solicitor for an order that a document be declared a valid codicil of the Deceased Moonja Kim also known as Moon Ja Kim of Auckland, Retired (Deceased )
and
An application by Shaun Michael McGivern of Auckland, Solicitor for an order that the will dated 4 March 2020 be corrected to
carry out the intentions of the Deceased Moonja Kim also known as Moon Ja Kim of Auckland, Retired (Deceased )
Hearing: On the papers Judgment:
4 April 2022
JUDGMENT OF GENDALL J
RE the Estate of KIM [2022] NZHC 676 [4 April 2022]
Introduction
[1]Before the Court are two applications:
(a)The first application seeks an order that the following documents are declared valid as the codicil of Moonja Kim (the Deceased):
(i)Handwritten undated documents in the Korean language which have the name of the Deceased printed and signed at the bottom (the Korean Document One and Two).
(ii)A handwritten envelope in the Korean language (the Korean Envelope).
(iii)A handwritten envelope headed “New Song Church” in the English language (the New Song Church envelope).
(b)The second application seeks an order that the will of the Deceased dated 4 March 2020 (the Will) be corrected in certain ways to carry out the intentions of the Deceased.
[2] The present applications are brought under ss 14 and 31 of the Wills Act 2007 (the Act). I will address these sections further below.
Background
[3] The Deceased died at Auckland, New Zealand on 23 April 2020. She was aged 79 years at the time of her death.
[4] The relevant parts of the Will, which was prepared by the Deceased ’s Auckland lawyers Kidd Legal at the time, provide:
(2)I APPOINT my Solicitor Joseph Boaz Park of Auckland Solicitor and failing her for any reason Michael John Kidd of Auckland, Solicitor and failing him for any reason a person appointed by the President for the time being of the New Zealand Law Society to be the executor and trustee (hereinafter ‘trustee’) of this my Will.
(3)I GIVE DEVISE AND BEQUEATH the whole of my estate both real and personal of whatsoever kind and nature and wheresoever situate including all property (if any) over which I may have some power of appointment unto my said Solicitor.
(4)IF my said Solicitor shall not survive me or die within 30 days after my death then :
(a)I APPOINT the said Michael John Kidd to be the Trustee of this my Will
(b)I GIVE DEVISE AND BEQUEATH the whole of my estate as above described unto my Trustee UPON TRUST:
(i)to pay thereout all my just debts, funeral, monumental and testamentary expenses, and all duties in respect of…
Keep reading for free
Create a free CaseChat account to read Estate of Kim and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] NZHC 676
- Decision Date
CaseChat Overview and Summary
Justice Gendall held that the Korean documents, despite not being signed or witnessed in accordance with the Act, could be validated as a codicil under section 14 of the Wills Act 2007, as they expressed the Deceased's testamentary intentions. The court found that the documents provided for the disposition of the major part of the estate and that the affected parties consented to their validation. Furthermore, the court decided that the will should be corrected under section 31 of the Act to reflect the Deceased's intentions as outlined in the Korean documents and envelopes. The court ordered that the will be amended to include specific provisions regarding the disposition of funds from the sale of the property, a payment to a church, and the division of the residue of the estate among the Deceased's daughters.
Justice Gendall issued orders validating the Korean documents and envelopes as a codicil to the will and correcting the will to carry out the Deceased's intentions. The executor named in the will was replaced with Shaun Michael McGivern, and specific provisions were included for the distribution of funds and property as per the Deceased's wishes.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.