Estate of Rooney

[2015] NZHC 461

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-194 [2015] NZHC 461

IN THE ESTATE OF         JOSEPH ROONEY of Waikanae, New

Zealand, Deceased

In Chambers:	On papers
Judgment:	13 March 2015

JUDGMENT OF THE HON JUSTICE KÓS

[1]      Mr Joseph Rooney died at Waikanae on 28 May 2014.  He had made a valid will in March 1994.  He tried to make a new will on 25 September 2009.  But that document is signed by one witness only.   So it is not a valid will.1     He tried to modify that September 2009 instrument by purported codicils dated 24 February

2012 and 17 January 2014.   The first was not witnessed at all.   The latter was witnessed but, as with the purported will, by one witness only.  So none of the three instruments are valid.

[2]      Mr Nathan Rooney, the deceased’s grandson and the executor named in the September 2009 instrument, applies for orders that the three instruments be declared the valid will and codicils of Mr Joseph Rooney.

[3]      The beneficiaries under the 1994 will are Mr Joseph Rooney’s three children,

Michael,  Kieron  and  Jeanette.    They  are  also  the  beneficiaries  under  the  2009

1      Wills Act 2007, s 11.

RE: JOSEPH ROONEY [2015] NZHC 461 [13 March 2015]

instrument.   The variations between the two instruments are relatively modest. Michael, Kieron and Jeanette all support the present application.   All those with interests under the 1994 will and the 2009 instrument consent to the orders sought.

[4]      In terms of s 14:

(a)      the  instruments  indeed  appear  to  be  intended  as  a  will  and  two codicils;

(b)      they do not comply with s 11 of the Wills Act 2007; (c)          they came into existence in New Zealand; and

(d)I am satisfied, on the face of the instruments and the evidence of Mr Nathan Rooney, that they express the testamentary intentions of Mr Joseph Rooney.

[5]      Accordingly I make orders declaring:

(a)      Exhibit A to the affidavit of Mr Nathan Rooney dated 4 March 2015 to be the valid will of Mr Joseph Rooney;

(b)      Exhibit B to the same affidavit to be a valid first codicil to that will;

and

(c)      Exhibit C to the same affidavit to be a valid second codicil to that will.

Stephen Kós J

Solicitors:

Integra Law Limited, Paraparaumu