Estate of Lord

[2016] NZHC 202

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY

CIV-2015-485-791

[2016] NZHC 202

IN THE ESTATE ANDREW STUART LORD

On the papers
Judgment:	18 February 2016

JUDGMENT OF THOMAS J

This judgment was delivered by me on 18 February 2016 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date:………………………….

Solicitors:

Anthony Harper Lawyers, Christchurch.

ESTATE OF ANDREW STUART LORD [2016] NZHC 202 [18 February 2016]

[1]The deceased, Andrew Stuart Lord, died on 9 August 2015.

[2]                 The applicant and daughter of the deceased, Rebecca Lord, has applied for an order that a document be declared the valid will of the deceased.

Evidence

[3]                 Ms Lord has filed affidavit evidence detailing the circumstances of her locating a document dated 16 July 2015 (document). It is in respect of this document that the application is made.

[4]                 The document is handwritten and begins with the words, “this is to be my final will and testament”. The document purports to appoint the applicant as the executor. It leaves a small donation to the deceased’s brother and divides the residual estate equally between the applicant, the deceased’s son, and his granddaughter. The document says that “under the circumstances this will is not witnessed so I have taken a photo on my phone”.

[5]                 The document was located at the applicant’s grandmother’s property in an envelope with the applicant’s name on it together with a photograph of the deceased’s hand.

[6]                 The affidavit evidence gives further details of the circumstances of the deceased’s death including evidence of his state of mind and intentions at the time.

[7]                 Reasonable enquiries have been made as to the existence of any potential claimant on the estate.

Analysis

[8]                 This Court may declare a document to be a valid will of a deceased pursuant to s 14 of the Wills Act 2007 which 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.

[9]I am satisfied that:

(a)the applicant is the executor named in the document;

(b)the document has not been executed in the manner prescribed in s 11(4) of the Wills Act 2007;

(c)the document expresses the deceased’s testamentary intentions; and

(d)consent from those potentially affected by the granting of the order has been obtained.

[10]              Pursuant to s 14(2) of the Wills Act, I make an order declaring the document to be the valid will of Andrew Stuart Lord.

Thomas J