Estate of Rowlands

[2015] NZHC 2869

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2015-485-825 [2015] NZHC 2869

IN THE ESTATE               of JOHN VERNON MORGAN ROWLANDS

Hearing:	On Papers
Counsel:	A R Hancock for Applicant
Judgment:	18 November 2015

JUDGMENT OF SIMON FRANCE J

[1]      Application  is  made  for  an  order  declaring  a  document  signed  by  the deceased,  Mr John Rowlands,  to  be  a  valid  will.    The  document  in  question  is professionally drafted and is in all manner and form a correct will.

[2]      An error occurred when the will was signed.  Two witnesses were present for the signing by the testator.  His wife signed a new will at the same time and in front of the same witnesses.  Unfortunately one of the witnesses failed to actually sign the testator’s will which accordingly has only the one signature.

[3]      An affidavit has been filed from the witness who omitted to sign the will.  He is a Welsh solicitor who deposes that he saw the will signed in the presence of

himself and the other witnesses.

ESTATE OF ROWLANDS

[4]      I am satisfied it is an appropriate case for a order under s 14 of the Wills

Act 2002 declaring the document called “The last will and testament of John Vernon

Morgan Rowlands” and signed by him on 24 June 2010 a valid will.

Simon France J

Solicitors:

Ross Dowling Marquet Griffin, Solicitors, Dunedin