Estate of Morehu

[2024] NZHC 777

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2024-485-193

[2024] NZHC 777

IN THE MATTER	of section 14 of the Wills Act 2007
AND
IN THE MATTER	of the estate of GLENYS MAREE MOREHU

Hearing:	On the papers
Counsel:	L S Gilmor for the Applicant
Judgment:	11 April 2024

JUDGMENT OF McHERRON J

[1]                 This is a without notice application by Public Trust for an order under s 14 of the Wills Act 2007 (the Act) to declare a will valid.

Background

[2]                 On 11 September 2023, about three weeks before she died, Glenys Morehu instructed Public Trust to update her will. She attended the Public Trust office in Paraparaumu and  gave  her  instructions  to  Senior  Trustee  Kimberley  Rayner.  Ms Rayner then prepared a draft will implementing those instructions.

[3]                 On 25 September 2023, Ms Rayner emailed Ms Morehu’s daughter, Renae, informing her that the will was ready  to  sign.  They arranged  an  appointment on 28 September 2023 for Ms Morehu to come into the Public Trust office to sign the will. That appointment was re-scheduled to 2 October 2023. However, on 2 October 2023, Ms Morehu cancelled the will signing because of a medical issue.

RE ESTATE OF MOREHU [2024] NZHC 777 [11 April 2024]

[4]                 Not appreciating that Ms Morehu’s death was imminent, Ms Rayner suggested to Ms Morehu’s daughter that the appointment could be deferred for a couple of weeks. Ms Rayner said that Ms Morehu could let her know if she wanted to meet sooner.

[5]                 Sadly, on or about 4 October 2023, Ms Morehu died before executing her new will.

[6]                 Ms Morehu had an earlier will, which was also prepared by Public Trust, and which was executed on 20 September 2017. The 2017 will left Ms Morehu’s residuary estate to her husband if he survived her. However, Ms Morehu’s husband died on 10 November 2017.

[7]                 The gift over provisions of the 2017 will provided that Ms Morehu’s interest in a home plus household goods and personal effects, were to go equally to her children, Nathan, Tyrone, and Renae. The residuary estate was then to be divided in four equal shares between Nathan, Tyrone, Renae, and a friend named Bill Smith.

[8]                 The updated draft will revokes all earlier wills and codicils, makes gifts to named individuals, and leaves the residue to Ms Morehu’s three children.

[9]                 Ms Rayner’s interview notes record that Ms Morehu appeared to have testamentary capacity at the interview and that she:

… knew what she wanted at the appointment and Renae supported her decisions. Renae let her Mum decide and communicate what she wanted throughout the appointment.

…

Throughout our conversation, the will maker was clear regarding the nature and value of their assets. They provided names and details of relationships and were clear in their instructions as to who was to benefit from their estate and how this was to happen. I believe they fully understood what they were doing and were able to make their decisions accordingly.

[10]             Each of Ms Morehu’s children and Bill Smith are aware of the present application and have provided their written consent to the validation of the draft will prepared by Ms Rayner implementing Ms Morehu’s instructions.

Analysis

[11]             The document prepared by Public Trust appears to be a will, but it does not comply with s 11(2) of the Act because it is not signed and witnessed as required by subss (3) and (4).

[12]             Section 14 of the Act provides that the High Court may make an order declaring a document that appears to be a will valid if it is satisfied that the document expresses the deceased person’s testamentary intentions.1 The Court may consider:2

(a)the document;

(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.

[13]Based on the material submitted by the applicant, I am satisfied that:

(a)this application can proceed without notice

(b)the unsigned will expresses Ms Morehu’s testamentary intentions.

Result

[14]             I declare that the will  annexed  as  exhibit  “C”  to  the  affidavit  of Kimberly Rayner, sworn on 18 March 2024, is valid.

McHerron J

Solicitors:
Public Trust, Wellington for Applicant

1      Wills Act 2007, s 14(2).

2      Section 14(3).