Estate of Voice

[2018] NZHC 1483

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2018-485-401

[2018] NZHC 1483

IN THE ESTATE OF

PAMELA RAE VOICE of Christchurch,

Retired, Deceased

On the papers:
Counsel:	D O Hayward for Applicants
Judgment:	21 June 2018

JUDGMENT OF CHURCHMAN J

[1]    This is an application for an order that a document be declared part of the valid Will of the deceased and that Karen Elaine Voice and Christine Anne Dunn be appointed executors and trustees in the estate of Pamela Rae Voice.

[2]    The application is supported by a memorandum of counsel, and affidavit of Christine Anne Dunn in support. The affidavit of Ms Dunn deposes to the fact that she assisted her mother in executing a Will that had been purchased in kit form from a stationery retailer.

[3]    At the time of the execution of the Will, the deceased also executed a handwritten document which clearly contained part of her testamentary intentions. That document, which I am satisfied, accurately recorded the testamentary intentions of the deceased, provided for the deceased’s four grandchildren, Louise Dunn, Mathew Dunn, Michael Voice, and Kasey Voice to receive the sum of $20,000 each and to the balance of the estate to go equally to the deceased’s two daughters, Karen Voice and Christine Dunn.

Estate of P R Voice [2018] NZHC 1483, 21 June 2018

[4]    The Will kit document appointed Karen Elaine Voice and Christine Anne Dunn as executors and trustees of the Will.

[5]    This application was made on a without notice basis on the grounds that the only persons affected by the application was the applicants and their children, who support the application.

[6]    I am satisfied that in terms of HCR 7.23, this application is properly bought without notice and that the applicants have made all reasonable enquiries and taken all reasonable steps to ensure that the application and supporting documents contain all material that is relevant to the application.

[7]    I am also satisfied that the order sought is appropriate. Accordingly, the application is granted in terms of the draft order submitted.

Churchman J

Solicitors:
Lincoln Law Limited, Christchurch for Applicants