Estate of Rameka

[2021] NZHC 195

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2021-419-23

[2021] NZHC 195

UNDER

Section 14 of the Wills Act 2007

IN THE MATTER

of an application for an order declaring a will valid and for obtaining grant of probate in the estate of WESTON ADAM RAMEKA

A N D

IN THE MATTER

of an application by ANTONIA KARARAINA RAMEKA

Applicant

Judgment:

(On the papers)

17 February 2021

JUDGMENT OF BREWER J

Solicitors:

McCaw Lewis (Hamilton) for Applicant

ESTATE OF WESTON ADAM RAMEKA [2021] NZHC 195 [17 February 2021]

[1]                  Ms Rameka applies by way of originating application without notice for an order declaring a document to be the valid will of her late father, Mr Weston Adam Rameka.

[2]                  In her affirmation of 27 January 2021, Ms Rameka sets out the circumstances surrounding the finding of the document as well as the circumstances of the family.

[3]                  My jurisdiction is conferred by s 14 of the Wills Act 2007 (the Act). I may make an order declaring the document valid as a will if it appears to be a will and does not comply with the formal requirements set out in s 11 of the Act. I have to be satisfied that the document expresses Mr Rameka’s testamentary intentions.

[4]                  I have no doubt that the document appears to be a will. It is a typed document and commences:

I Weston Rameka Being of sound mind and clear conscience do write my Will and Testiment (sic) on this date being 30th March 2016 bequeath my equal share of 6 Penman Place to my eldest daughter Antonia Kararaina Rameka

[5]                  The document goes on to deal with the disposition of Mr Rameka’s other assets.

[6]                  The document is signed by Mr Rameka and is witnessed by a single Justice of the Peace.

[7]                  As is evident, the document has not been executed in the manner prescribed by s 11(4) of the Act because it has not been signed by two witnesses and there is nothing to say that the Justice of the Peace who did sign as a witness did so in the presence of Mr Rameka.

[8]                  I am also satisfied that the document expresses Mr Rameka’s testamentary intentions.

[9]                  Ms Rameka’s affirmation tells me that Mr Rameka was married twice and had seven children. They are all over 20 years of age. There are some grandchildren but they are minors.

[10]              Mr Rameka and his second wife were estranged and had been separated from around mid-2017. She consents to the application. All seven of Mr Rameka’s children consent to the application.

[11]              Mr Rameka’s estate is not a substantial one. His family is certainly aware of the application and, given the consents referred to above, I see no point in stipulating wider notice be given. This application is about validating a document as a will rather than considering whether the disposition stipulated in it might be subject to challenge.

[12]              In these circumstances, I grant the originating application. I declare the document dated 30 March 2016 annexed to Ms Rameka’s affirmation to be valid as the last will of Weston Adam Rameka.

[13]As a consequence, Ms Rameka is the sole executor of the estate of Mr Rameka.

Brewer J