Estate of Tang

[2020] NZHC 1031

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-193

[2020] NZHC 1031

IN THE MATTER

of section 14 of the Wills Act 2007

AND

IN THE MATTER AND

of the Estate of GRACE LI-FANG TANG BILLY YUEN-KUEN SUN

Applicant

Hearing:

19 May 2020

(On the papers)

Counsel:

J B Abbott for Applicant

Judgment:

19 May 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 19 May 2020 at 11am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

19 May 2020

RE ESTATE GRACE TANG [2020] NZHC 1031 [19 May 2020]

[1]    The applicant, Mr Sun, wishes to commence proceedings under s 14 of the Wills Act 2007 to have an informal Will of his late wife, Grace Li-Fang Tang, validated.

[2]    An application to validate is necessary as while the deceased completed a Will form, the document only has one witness.

[3]Mr Sun has brought two applications:

(i)an application for leave to commence this proceeding by way of an originating application; and

(ii)seeking directions as to service.

[4]    The application for leave to commence by way of originating application is no longer necessary as r 19.2(xa) of the High Court Rules 2016 provide that an application under s 14 or s 31 of the Wills Act 2007 may be commenced by way of originating application as of right.

[5]    Accordingly, that part of the application is strictly not necessary and so is formally dismissed.

[6]    However, an application for directions  as  to  service  remains  necessary.  Mr Sun’s counsel, Mr Abbott, submits that it is appropriate that there be a direction that the couple’s children, Michelle Chin-Jou Sun and Michael Chin-Chen Sun, be served and there is an order accordingly.

[7]    Mr Sun was married to the late Ms Tang for some 35 years. He confirms that the only two children they had were the two named in [6] above, and neither had any children outside the relationship.

[8]    The need to serve the couple’s children arises as it appears that the deceased would, but for the validation of the informal Will, be intestate. Mr Sun has made extensive enquiries to try and locate other Wills without any success.

[9]    In the event that there is an intestacy, it is the applicant and the deceased’s children who would have an interest and, accordingly, there is no need for any other party to be served at this time. In the unlikely event that another Will is discovered, that would need to be taken into account, but at the moment that seems unlikely given the enquiries made.

Associate Judge Lester

Solicitors:

Layburn Hodgins, Christchurch