Estate of Perrin

[2015] NZHC 1769

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-485-609843 [2015] NZHC 1769

UNDER THE

WILLS ACT 2007

IN THE

ESTATE OF

ARTHUR WILLIAM PERRIN

Hearing:	29 July 2015 (On the papers)
Appearances:	S Senior for Applicant
Judgment:	29 July 2015

JUDGMENT OF DUNNINGHAM J

[1]      This  is  an  application  to  have  a  document  purporting  to  express  the testamentary intentions of the late Arthur William Perrin (the deceased), declared a valid will under s 14 of the Wills Act 2007.

[2]      The deceased died on  9 September 2014  and  was survived by his wife, Betty Maureen   Perrin,   and   his   four   adult   children,   Shaun   Andrew   Perrin, Stephen John Perrin, Phillipa Anne Rump, and Malcolm David Perrin.

[3]      The lawyer, for the deceased’s estate, has filed affidavit evidence confirming: (a)     there is no earlier will made by the deceased;

(b)      the persons with the beneficial interest in the estate of the deceased

are his widow and four children;

ESTATE OF ARTHUR WILLIAM PERRIN [2015] NZHC 1769 [29 July 2015]

(c)      that her enquiries confirm that the deceased has no other children, whether through birth or adoption;

(d)the  deceased  was  not  survived  by  a  de  facto  partner  entitled  to succeed on in testacy.

[4]      One of the deceased’s children, Shaun Perrin, has provided affidavit evidence explaining the circumstances in which the document which is sought to be declared a valid will was made.   It was prepared by him, on the deceased’s instructions, in circumstances where the deceased realised he had terminal cancer and might not live long.  The document expresses the wish that the deceased’s estate, after payment of funeral expenses by sale of his Nissan Terrano motor vehicle, is left to his wife.

[5]      The  circumstances  in  which  the  document  was  made  satisfy  me  that  it

expressed the deceased’s testamentary intentions.

[6]      In addition, the application was accompanied by the consent of all persons who may be potentially affected by the granting of the order which is sought, being the deceased’s spouse and all four of his children.

[7]     In all the circumstances, I am satisfied that the application meets the requirements of s 14 of the Wills Act 2007. Accordingly, I order:

(a)      the  document,  a  copy  of  which  is  exhibited  to  the  affidavit  of Shaun Andrew Perrin dated 2 April 2015, is hereby declared to be the valid will of the deceased, Arthur William Perrin.

Solicitors:

Malley & Co., Christchurch