Estate of Ody

[2016] NZHC 2150

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2016-485-583 [2016] NZHC 2150

IN THE ESTATE OF	JUNE RAE ODY
WILLIAM RUSSELL ODY Applicant

On the papers
Judgment:	12 September 2016

JUDGMENT OF MALLON J

[1]      June Ody died on 1 April 2016.  William Ody, her husband, applies for an order that a document be declared her valid will.

[2]      The evidence filed establishes that June and William attended a meeting together with their solicitor on 26 May 1989 to sign their respective wills.  However a mistake was made – they inadvertently signed each other’s will rather than their own. This mistake was not noticed until after June died.

[3]      I am satisfied the requirements for an order under s 14 of the Wills Act 2007 are met.  I accordingly make an order declaring the document marked “A” exhibited to the affidavit of William Russell Ody to be a valid will.

Mallon J

ESTATE OF JUNE RAE ODY [2016] NZHC 2150 [12 September 2016]