Estate of Silcock

[2018] NZHC 134

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2018-485-99 [2018] NZHC 134

IN THE MATTER	of section 14 of the Wills Act 2007
IN THE MATTER	of the Estate of TERESSA IVOR SILCOCK incorrectly named in the document as THERESA IVOR SILCOCK

Hearing:	On Papers
Counsel:	B A Stewart for Applicants
Ruling:	14 February 2018

RULING OF SIMON FRANCE J

[1]      Mrs Teressa Ivor Silcock died on 25 September 2017.   Shortly prior to her death she gave instructions to a law firm concerning a new will.  A draft will was prepared in accordance with those instructions.  The legal executive who took the instructions completed a written note of the instructions as the appointment progressed. Those notes have been produced. Mrs Silcock died before she could sign the new will. Application is made under s 14 of the Wills Act 2007.

[2]      Having read the affidavits/affirmations of Charles Silcock and Bruce Stewart

(joint), Christine Harding, and Bruce Stewart, I am satisfied the draft will reflects the deceased’s testamentary intentions and those intentions were unchanged at her death.

ESTATE OF T I SILCOCK [2018] NZHC 134 [14 February 2018]

[3]      I declare the draft will prepared in September 2017 by the firm of Henderson

Reeves Connell Rishworth Limited to be a valid will of Teressa Ivor Silcock.  I note that on the draft will the name is wrongly spelt as Theresa.

Simon France J