Estate of Tindall

[2025] NZHC 2596

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2025-485-551

[2025] NZHC 2596

UNDER

Section 14 of the Wills Act 2007

IN THE MATTER

of the estate of COLLEEN TINDALL

MICHAEL JOHN TINDALL

Applicant

Hearing:	On the papers
Counsel:	R M Natusch for Applicant
Judgment:	8 September 2025

JUDGMENT OF McHERRON J

[1]    This is an application by Michael John  Tindall,  the  son  of  the  late  Colleen Tindall, for an order under s 14 of the Wills Act 2007 declaring a document dated 6 June 2014 to be the valid last will of the deceased.

[2]The application is made without notice, and is supported by:

(a)an affidavit of the applicant confirming his enquiries for a will made by the deceased and setting out those with a beneficial interest in the deceased’s last known will dated 3 September 2003 (2003 Will);

(b)an affidavit of the deceased’s solicitor explaining the circumstances of the creation and execution of the document;

(c)a memorandum of counsel setting out the legal basis for the application;

RE ESTATE OF TINDALL [2025] NZHC 2596 [8 September 2025]

(d)a renunciation from the other named executor in the document, John Wayne Hall; and

(e)consents from all persons with a beneficial interest under the 2003 Will.

[3]    The document was prepared by solicitors and signed by the deceased but was not properly witnessed in accordance with s 11(4) of the Wills Act. Rather, the document was signed by only one other person as a witness.

[4]    Graham Morgan, the solicitor who was responsible for drafting the document has deposed that the deceased attended his legal office on 6 June 2014 to sign her will. The deceased’s husband, John William Tindall, also attended at the same time to sign his will. Annexed to Mr Morgan’s affidavit is Mr Tindall’s will, which was signed by Mr Morgan and his secretary as witnesses. However, the deceased’s will only has the secretary’s signature recorded on the document.

[5]    Mr Morgan has deposed that by oversight he did not sign the document as a witness. That is the only reason it does not comply with s 11 and is not a valid will. After the document was signed it was placed in the firm’s wills storage system as if it was a valid will. The omission did not come to light until after the deceased died.

[6]    The applicant has deposed that he has made full enquiries and searches for a later will by the deceased but has been unable to locate one.

[7]Two executors were named in the 2003 Will:

(a)John Wayne Hall; and

(b)Mr Tindall, who died in 2020.

[8]    Mr Hall is also named in the document as one of the two executors, along with the applicant. Mr Hall has renounced all his right and title to obtaining an order declaring the document to be a valid will.

[9]The persons with a beneficial interest in the 2003 Will are:

(a)(as to specified personal chattels) children and grandchildren and a daughter-in-law of the deceased;

(b)(as to the remaining chattels and the residue) the children of the deceased, the deceased’s husband having pre-deceased her.

[10]All those with a beneficial interest have consented to the application.

[11]   Section 14 permits the Court to declare a document to be a valid will even if it does not comply with s 11, provided the Court is satisfied that the document expresses the deceased’s testamentary intentions.

[12]I am satisfied that:

(a)the document appears to be a will;

(b)it was not executed in accordance with s 11 because only one of the witnesses has signed the document;

(c)the document came into existence in New Zealand; and

(d)the document expresses the testamentary intentions of the deceased, as evidenced by its contents, its consistency with prior testamentary instruments, and the consents of all affected parties.

[13]   The application is routine and I consider it appropriate to be dealt with without notice.

Result

[14]Leave is granted for the application to be made without notice.

[15]   The document dated 6 June 2014, a copy of which is annexed marked as exhibit “A” to the affidavit of Michael John Tindall, is declared to be the valid last will of Colleen Tindall, deceased.

McHerron J

Solicitors:
Carlile Dowling, Napier for Applicant