IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CIV-2022-470-95
[2024] NZHC 1216
UNDER the Administration Act 1969 and the Senior Courts Act 2016 (the High Court Rules) IN THE ESTATE OF
DAVID JOHN SPELLERS formerly of Ruawai, late of Te Puke, Retired, Deceased
BETWEEN
AMANDA MARY CHARLOTTE MATICH
as executor and trustee of the last will of the late DAVID JOHN SPELLERS
Plaintiff
AND
AMANDA MARY CHARLOTTE MATICH and JOSEPHINE MICHELLE CAMPBELL
as executors and trustees of the wills of the late DAVID JOHN SPELLERS
Defendants
Hearing: 6 November 2023 (Heard at Hamilton) Appearances:
M Phillips for the Plaintiff
V McGoldrick for the Defendant Josephine Michelle Campbell T J Conder for Interested Parties Mathew James Spellers and Amanda Michelle Spellers
Judgment:
16 May 2024
JUDGMENT OF GAULT J
This judgment was delivered by me on 16 May 2024 at 3:00 pm pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
Solicitors:
……………………………………
Mr M Phillips, Vicki Ammundsen Trust Law Ltd, Auckland Ms V McGoldrick, McGoldrick Law Ltd, Whangārei
Mr T J Conder, Holland Beckett Law, Tauranga
RE ESTATE OF DAVID JOHN SPELLERS [2024] NZHC 1216 [16 May 2024]
TABLE OF CONTENTS
Introduction [1]
Factual background [8]
2002 to 2005 [15]
2005 will [21]
Mr Spellers’ ongoing health and family contact – 2006 to 2015 [23] 2015 will [47]
Mr Spellers’ ongoing health – 2016/2017 [60]
2017 will [62]
2018 will [71]
Subsequent events [78]
Financial allegations [94]
Summary terms of each will [100]
2005 will
2015 will
2017 will
2018 will
Issues [101]
Testamentary capacity
Applicable principles [103]
Onus [108]
Dr Casey’s expert evidence [109]
2018 will [113]
2017 will [116]
2015 will [119]
2005 will [134]
Undue influence
Applicable principles [137]
Onus [138]
Dr Casey’s expert evidence [139]
2018 will [140]
2017 will [141]
2015 will [147]
Conclusion [153]
Result [155]
Costs [156]
Introduction
[1]This is a sad dispute about the last valid will of Mr David John Spellers.
[2] The plaintiff, Ms Matich, is a solicitor and executor or co-executor of a series of four wills executed by Mr Spellers between 2005 and 2018. Mr Spellers died on 11 November 2020. Ms Matich seeks a declaration that Mr Spellers’ will dated 29 March 2018 (the 2018 will) is his last valid will, and an order granting probate. In the alternative, she seeks a declaration as to which of Mr Spellers’ wills is his last valid will and an order granting probate of that will. In submissions, Ms Matich appropriately took a neutral position despite the duty to put forward the 2018 will.1
[3] The second-named defendant, Ms Campbell, was a co-executor of the 2018 will and of the two previous wills, dated 16 December 2015 (the 2015 will) and 6 December 2017 (the 2017 will). However, by deed of renunciation dated 30 July 2021, Ms Campbell renounced probate of the 2018 will. Ms Campbell supports probate of the 2018 will or alternatively seeks a declaration…
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