Estate of Tameao

[2016] NZHC 883

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-278 [2016] NZHC 883

UNDER	section 14 of the Wills Act 2007
IN THE MATTER	of an application for an order declaring a will valid
IN THE ESTATE	of NINA TANEAO (formerly known as Daphne Nina Taneao and Nina Daphne Taneao) late of Glen Innes, Auckland, retired nurse, deceased

Hearing:	On the papers
Counsel:	S W M Piggin for Andrew Taneo (Applicant)
Judgment:	5 May 2016

JUDGMENT OF WILLIAMS J

[1]      An application is made to validate as a will a series of entries in the personal journal of the deceased, Nina Taneao.  The application is made by her son Andrew Taneao who is the sole beneficiary under the will document.   Andrew has three surviving brothers who have provided written consents to this validation and its result in terms of disposition of the estate.  The estate is small – valued, it seems, at less than $20,000.

[2]      The  first  and  second  pages  of  the  deceased’s  journal  entries,  which  are

written in red ink, read as follows:

Last Will and Tesament (sic)

of me, Daphne Nina Taneao, or Nina Daphne Taneao.

if I’d been able to walk, I would have changed it, as the name Daphne makes me cringe.

Estate of Nina Taneao [2016] NZHC 883 [5 May 2016]

All I have is Andi’s.  I love my other three sons, but Andi has stayed with me looked after me, washed my hair scrubbed my back – listened to my corny jokes and he did not find funny.

He has helped me back to bed when my Right leg has given out, Bless you

Andi!

He can sell what he does not need.

I am hoping God will give me another eight years – but who knows.

I want to be buried with David and I do not want any death notices in the paper. I do not know anybody anymore.

[Signature of Nina Taneao]

24-03-2010

03-11-2014

Well I did change my name and am known by just Nina Taneao. Andi

Thank You for being a brilliant caring son.

But this is [illegible, words crossed out] What I want when I am no more.

No funerals.  I want a graveside service because there will only be you, Tony and Mark.  Bassetts if they are at home but there is nobody else.

Leave it for a week before you contact Dan and Ex and just tell them I loved all my sons equally.  David I just missed more.  Let Mark know a week after also. I have told him not to come to my burial.

Look after our costs.

What you do with my stuff is all yours.  Keep one of the red pots and maybe give the other to Tony.

Maybe Tony will like the John Grisham books or the S.P.C.A. will sell them.

[3]      “Mark” is the deceased’s grandson, the son of Tony.  The reference to “Ex” is

Andrew deposes, the deceased’s abbreviation for her son Xavier.

[4]      From part way through her fourth handwritten page, the entries are written in blue ballpoint and read as follows:

I would like the SPCA shop might ? sell most of my gear including my shoes that were not worn get rid of all my worn shoes and pants

I have a lot of unworn clothes or very little worn ones in my wardrobe.  Take all our plants and the pots because they are familiar to our cats.   Put a Kleensake over the roses so they will not scratch you.  If it is wet enough dig up our red and white rose and put them in a big pot – the compost will do the potting mix.

I do not want a funeral as they would charge which I want you to have as much money as possible as they charge $1000 to open a grave.

Enjoy being by yourself. With love

Your Mother

Andi God looked after you while I was with you but you will have to form a relationship with him through Jesus Christ for him to care for you.  Read my Bibles.

I think I have said all I need to say except thank you. P.S.  Take our tools they are mostly old and useful.

[5]      There  seems  no  doubt  that  the  entries  are  in  the  deceased’s  hand  and represent her wishes.

[6]      I am satisfied in terms of s 14 that this document appears to be a will, and that it does not comply with the formal requirements of s 11.  There is no question that it came into existence in New Zealand.

[7]      I am satisfied that it is in order for the document to be validated as a will accordingly.

[8]      I make that order hereby.

Williams J