Estate of Lockington

[2025] NZHC 2177

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-484

[2025] NZHC 2177

IN THE MATTER

of s 14 of the Wills Act 2007

IN THE MATTER

of an application by CHARLES IRVIN LOCKINGTON for an order that a document be declared a valid will of the deceased CHRISTINA MARIE

LOCKINGTON

Hearing:	On the papers
Counsel:	R R Reweti for Applicant
Judgment:	5 August 2025

JUDGMENT OF McHERRON J

[1]                 This is an application under s 14 of the Wills Act 2007 for an order declaring that a document, being an unsigned and undated draft will (the 2024 draft will), is the valid will of the deceased, Christina Marie Lockington.

[2]In support of the application the following documents have been filed:

(a)an   affidavit   of   the    applicant,    Charles    Lockington,    who   was Ms Lockington’s spouse annexing a copy of the 2024 draft will;

(b)an affidavit of Ms Lockington’s solicitor, Keith Cameron, who prepared the 2024 draft will;

RE ESTATE OF LOCKINGTON [2025] NZHC 2177 [5 August 2025]

(c)consents from Ms Lockington’s adult children, Karl and Jason Lockington, who are the only other persons with a beneficial interest in Ms Lockington’s estate;

(d)a certificate from the Registrar General, confirming no other children or parents exist who may claim under the Status of Children Act 1969.

[3]                 A memorandum of counsel for the applicant also confirms that full enquiries and searches for any earlier will made by Ms Lockington have been made and counsel is satisfied that she did not execute an earlier will other than a will that was executed on 25 June 1990 (the 1990 will).

[4]                 Charles Lockington deposes that he and Ms Lockington both gave instructions to Mr Cameron in December 2024 to prepare draft wills. They wished to appoint each other as executors instead of the New Zealand Guardian Trust Company Limited, which had been named as the executor in their previous wills. Apart from that change, Ms Lockington’s 2024 draft will was materially in the same terms as the 1990 will in the circumstances that currently exist, namely where Charles is alive upon her death. In these circumstances, both the 1990 will and the 2024 draft will provide that the residue of Ms Lockington’s estate is to go to him.

[5]                 Leave is given for this application to be made without notice to any other person, as I am satisfied all persons affected by the application have consented to it.

Applicable law

[6]Section 14 of the Wills Act 2007 provides:

14     High Court may declare will valid

(1)This section applies to a document that—

(a)      appears to be a will; and

(b)      does not comply with section 11; and

(c)      came into existence in or out of New Zealand.

(2)The High Court may make an order declaring the document valid, if it is satisfied that the document expresses the deceased person’s testamentary intentions.

(3)The court may consider—

(a)      the document; and

(b)      evidence on the signing and witnessing of the document; and

(c)      evidence on the deceased person’s testamentary intentions; and

(d)      evidence of statements made by the deceased person.

[7]An application under s 14 is to be proved on the balance of probabilities.

My assessment

[8]                 The 2024 draft will appears to be a will. It does not comply with s 11 of the Wills Act, as it was not signed by the will-maker or two witnesses.

[9]                 I am satisfied, on the balance of probabilities, that the draft 2024 will expresses Ms Lockington’s testamentary intentions.

Result

[10]             I accordingly grant the application and make an order declaring Christina Lockington’s 2024 draft will to be a valid will.

McHerron J

Solicitors:
Hassall Cameron O’Connor & Lee, Tokoroa for Applicant