Estate of Rickard

[2025] NZHC 958

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-204

[2025] NZHC 958

UNDER

the Wills Act 2007

IN THE MATTER

of the Estate of KEVIN JOHN RICKARD

SHARON MARGARET RICKARD

Applicant

Hearing:	On the papers
Appearances:	M R Walker for Applicant
Judgment:	17 April 2025

JUDGMENT OF McHERRON J

[1]                 This is a without notice originating application by Sharon Rickard for an order under s 14 of the Wills Act 2007 (the Act) declaring that a document be declared a valid will of Kevin John Rickard. I allow the application for the following reasons.

Background

[2]                 The late Kevin Rickard provided instructions to Nolans Lawyers to prepare a will in August 2007. Nolans carried out Mr Rickard’s instructions and sent him the draft will with instructions on signing it. Mr Rickard executed the document correctly and his two witnesses initialled each page but failed to sign their full signatures at the attestation clause. Mr Rickard completed the legal names, occupations and towns of residence of each witness by hand. The witnesses, who were Mr Rickard’s parents, are no longer available to provide an affidavit as to valid execution.

ESTATE OF RICKARD [2025] NZHC 958 [17 April 2025]

[3]                 Mr Rickard had an earlier will executed on 2 October 1990. A copy of that will was provided with the application. Under it, the person with a sole beneficial interest is Sharon Rickard as the will-maker’s wife.

[4]The sole beneficiary of the 2007 will is the K J & S M Rickard Family Trust.

[5]                 Ms Rickard has obtained consents to the validation of the 2007 will from herself and the will-maker’s children, all of whom are the beneficiaries of the Trust.

[6]Ms Rickard seeks:

(a)leave for the application to be made without notice to any other person; and

(b)an order that the document, a copy of which was provided with her application be declared valid as the last will of Kevin Rickard.

Legal considerations

[7]                 Under s 14 of the Act, the Court may declare a document to be a valid will if it is satisfied the document appears to be a will but does not comply with the requirements for validity of wills in s 11, if the Court is satisfied that the document expresses the deceased person’s testamentary intentions.

[8]                 The document provided with Ms Rickard’s application appears to be a will, but does not comply with s 11 of the Act because the witnesses have not signed the document.

[9]In exercising its discretion under s 14, the Court may consider:1

(a)the document;

(b)evidence on the signing and witnessing of the document; and

1      Wills Act 2007, s 14(3).

(c)evidence on the deceased person’s testamentary intentions; and

(d)evidence of statements made by the deceased person.

[10]             In Sharon Rickard’s comprehensive and informative affidavit, she deposes that the persons with a beneficial interest in Mr Rickard’s valid 1990 will and his invalid 2007 will have all consented to the application that the 2007 document be declared a valid will.

My assessment

[11]             Based on the material supplied by Sharon Rickard, I am satisfied that the document, a copy of which was filed by Ms Rickard with her application, headed “Will of Kevin John Rickard” and dated 30 August 2007, expresses Kevin Rickard’s testamentary intentions.

Result

[12]The application can proceed without notice.

[13]             The document dated 30 August 2007, a copy of which was  filed  with  Sharon Rickard’s without notice originating application headed “Will of Kevin John Rickard” and dated 30 August 2007, is a valid will.

McHerron J

Solicitors:
Nolans Lawyers, Gisborne for Applicant