Estate of Peryer

[2020] NZHC 1802

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2020-485-307

[2020] NZHC 1802

IN THE MATTER

of Section 14 of the Wills Act 2007

AND

IN THE MATTER

of an application by CLOVIS EUGENE PERYER for an order that a document be

declared a valid will of the deceased PETER CHANEL PERYER

On the papers
Counsel:	C B Wilkinson for Applicant
Judgment:	23 July 2020

JUDGMENT OF SIMON FRANCE J

[1]                 This is an application under s 14 of the Wills Act 2007 to declare a document a valid will of Mr Peter Chanel Peryer. The document is handwritten and purports to be a will. It is witnessed by two persons but does not on its face record that each witness attested the will in the presence of each other.

[2]                 Evidence is filed on this application by the two witnesses and a third person who was present. All confirm that the two witnesses were present at the same time. In terms of s 14 of the Act there are no circumstances that suggest the document does not contain the testamentary wishes of Mr Peryer.

[3]                 Pursuant to s 14 of the Wills Act 2007, I declare the document appended to the affidavit of Clovis Eugene Peryer, dated 14 February 2020, and annexed as  Annexure A to be a valid will of Mr Peter Chanel Peryer.

Re Estate of Peter Chanel Peryer [2020] NZHC 1802 [23 July 2020]

[4]                 I draw the parties’ attention to s 13 of the Wills Act. A disposition contained within the document is to one of the two witnesses. The disposition is therefore void, although s 13(2) identifies avenues of relief. The fact that a beneficiary is a witness does not invalidate the will, just the particular disposition. I accordingly did not consider this irregularity affected the s 14 application.

[5]                 I make the necessary preliminary orders that the application may be made without notice to any person. All parties affected by the issue have consented to the  s 14 application.

Simon France J

Solicitors:

RMY Legal, New Plymouth for Applicant