Estate of Lord-Hogan

[2018] NZHC 1648

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV2018-404-1272

[2018] NZHC 1648

IN THE ESTATE

of LINDA MARIA LORD-HOGAN

(Deceased)

PETER EDWARD NEWFIELD of

Auckland, Retired Lawyer and LINDA TOLOLI of Auckland, Sales Assistant Applicants

Hearing:	On the papers
Appearances:	L Hubbard for the Applicants
Judgment:	5 July 2018

JUDGMENT OF WOODHOUSE J

Solicitors:

Ms L Hubbard, O’Brien Ward, Solicitors, Auckland

RE ESTATE OF LINDA MARIA LORD-HOGAN [2018] NZHC 1648 [5 July 2018]

[1]                  The applicants, Mr Peter Newfield and Ms Linda Tololi, have applied for an order declaring a document to be a valid will of Linda Maria Lord-Hogan.

[2]                  Ms Lord-Hogan died on 14 July 2017. She left a document which appears to be a will but which does not comply with s 11 of the Wills Act 2007 because there is only one witness. Under s 14 of the Wills Act the 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 application is supported by an affidavit of Ivy Jennifer Maree MacKenzie. Ms MacKenzie is the sole witness to the will. Ms MacKenzie’s detailed evidence, relating to the signing of the will by Ms Lord-Hogan and Ms MacKenzie’s signing as witness, makes clear that the document was intended to be Ms Lord-Hogan’s will. No uncertainty arises from the fact that there is only one witness.

[4]                  This application is made without notice to any other party. I am satisfied that it is appropriate that the application be made without notice. This is because the only persons who have an interest in the question whether the document is a valid will have consented to an order being made that it is a valid will. These are the three persons who would be beneficiaries under Ms Lord-Hogan’s prior will; a will dated 17 August 2005.

Order

[5]                  In respect of the document described as “Will of Linda Maria Lord-Hogan” and dated 7 June 2016, a copy of which is annexure A to the affidavit of Ivy Jennifer Maree MacKenzie sworn on 23 June 2018, there is an order declaring this document to be a valid will of Linda Maria Lord-Hogan.

Woodhouse J