Estate of Meyer

[2022] NZHC 2040

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-1390

[2022] NZHC 2040

IN THE MATTER

AND

of Section 14 of the Wills Act 2007

IN THE MATTER

of an application by SAMANTHA HILJE CLAIRE MEYER of Auckland,

Sustainability Consultant for an order that a document be declared a valid will of the deceased HENDRIK JEFFREY MEYER,

Auckland, Deceased

IN THE MATTER

of HENDRIK JEFFREY MEYER

Hearing:	On the papers
Appearances:	N J Craig for Applicant
Judgment:	19 August 2022

JUDGMENT OF LANG J

[on application for orders under s 14 of the Wills Act 2007]

This judgment was delivered by me on 19 August 2022 at 10.30 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

Solicitors:
Davenports West Lawyers Ltd, Auckland

In the estate of MEYER [2022] NZHC 2040 [19 August 2022]

[1]                 Mr Hendrik Meyer died at Auckland on 9 February 2022. He was survived by his wife Patricia Karen Meyer and his four children.

[2]                 In September 2021 Mr Meyer prepared a Microsoft Excel spreadsheet / workbook (Excel spreadsheet) in which he set out the manner in which he wished to dispose of his estate. The circumstances created by the COVID-19 pandemic, coupled with health issues from which Mr Meyer was suffering, meant he could not leave his address to provide instructions to a lawyer and to sign a formal will. Sadly, Mr Meyer died before his wishes could be converted into such a document.

[3]                 Mr Meyer’s daughter, Ms Samantha Meyer (Samantha), now seeks an order under s 14 of the Wills Act 2007 (the Act) declaring the Excel spreadsheet to be a valid will.

Background

[4]                 Samantha explains in an affidavit filed in support of the application that her father suffered from a condition known as aplastic anaemia. This is a condition caused by the failure of the bone marrow to produce new cells. This leaves the body susceptible to bleeding and infection. The onset of the COVID-19 pandemic meant that Mr Meyer remained largely confined to his house property as from March 2020. He could not risk leaving his address for fear that he would contract an infection that his body could not combat.

[5]                 Mr  Meyer became  unwell  in  or about  July 2021.  Two  months later, on  19 September 2021, he created a draft will using the Microsoft Excel spreadsheet. This document contains all the provisions one would normally expect to find in a formal will.

[6]                 Ms Meyer says that her father told her he wanted to put his affairs in order because he was unwell. He said he had made a will that was stored electronically on his computer and he wanted Samantha to administer his affairs. She says he made it very clear that the will reflected his testamentary wishes and that he did not want the terms of it to be disclosed to any person prior to his death. He said he trusted Samantha

to administer his estate once he died in accordance with the provisions contained in the Excel spreadsheet.

[7]                 Samantha has made full enquiries to ascertain whether her father made another will before or after he created the Excel spreadsheet. She has found no evidence to suggest that he did. Samantha also believes her father’s testamentary intentions did not change between the date he created the document in September 2021 and his death in February 2022.

[8]                 Samantha says her father’s estate is likely to have a value of less than $70,000. His principal asset, namely his interest in the family home, passed to his wife upon his death by survivorship. His wife and the four children have provided their written consent to the Excel spreadsheet being validated as Mr Meyer’s last will. His wife is the only person who would have inherited Mr Meyer’s assets in the event of an intestacy.

The law

[9]Section 14 of the Wills Act provides as follows:

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.

[10]              The principles to be applied in the present context are now well established. In short, the onus rests on the applicant to satisfy the Court on the balance of probabilities that the document propounded as the last will of the deceased reflects the testamentary intentions of the deceased.1 The Court is entitled to take into account any evidence that may assist in determining whether the document expresses the testamentary intentions of the deceased.2

[11]              In undertaking the enquiry under s 14 the Court is required to focus on substance and intention rather than form. This is necessary to ensure that “a person who in good faith sets out to express testamentary intentions, should not have those thwarted by technicalities.3

Decision

[12]              There can be no doubt that the Excel document reflects Mr Meyer’s testamentary intentions. His poor health and the pandemic are the only reasons he could not have it converted into a will that met the technical requirements of the Act. I therefore have no hesitation in making an order under s 14 of the Act declaring the Excel spreadsheet to be a valid will.

Lang J

1      Kirner v Falloon [2015] NZHC 1873, at [20].

2      Re Campbell (deceased) [2014] 3 NZLR 706, at [15].

3 Re Estate of Wong [2014] NZHC 2554, at 24].