Estate of Webb

[2025] NZHC 316

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-000028

[2025] NZHC 316

IN THE MATTER OF

the Estate of CHRISTOPHER GILBERT WEBB, Brightwater, Retired

AND

EUGENIE MARGARET BLYTH

Brightwater, Unemployed Applicant

Hearing:	(On the papers)
Counsel:	T North for Applicant
Judgment:	27 February 2025

JUDGMENT OF LA HOOD J

[1]                 The applicant, Eugenie Blyth, applies for an order that a document setting out Christopher Webb’s testamentary wishes (the document) be declared a valid will under s 14 of the Wills Act 2007 (the Act).

[2]                 Mr Webb  died on 13 September 2024.  Ms Blyth is his de facto partner of   38 years.

[3]Mr Webb had one adult daughter, Stephanie Docekal, who resides in Hawaii.

[4]                 In June 2024, Ms Blyth made a new will and her law firm recommended that Mr Webb also make a will. She told Mr Webb about this advice. He said that he had a will and it was in a drawer.

RE ESTATE OF C WEBB [2025] NZHC 316 [27 February 2025]

[5]                 After Mr Webb’s sudden death at home on 13 September 2024, Ms Blyth looked in his chest of drawers for a will but could not find one. On 26 September 2024, she searched a filing cabinet in his office. As a result of that search, she found an envelope marked “MY WILL” along with Mr Webb’s name and address, which was stamped “Immediate Attention” and sealed with tape on the reverse. Ms Blyth contacted her lawyers, who advised her to open the envelope and read it aloud. The envelope contained a document dated 21 June 2013.

[6]                 The document was signed by Mr Webb and provides directions for distribution of his assets. It is convenient to set it out in full as follows:

THIS IS MY LAST WILL & TESTAMENT DATE 21 06 2013

MY SHARE OF HOME AT 126 LEE VALLEY ROAD TO GO TO CHĒ, MY RENTAL PROPERTY AT 14A HEAPHY ST TO GO TO CHĒ, MY BUSSNESS TO GO TO CHĒ, MY STAMP COLLECTION TO GO TO STEPHANIE. MY CARS TO GO TO CHĒ, $10,000.00 TO GO TO AMOSI SELILI MY WORLD VISION SPONSORED CHILD, $50,000.00 TO GO TO STEPHANIE. ANY TOOL THAT CHĒ DOSN’T WANT TO GO TO

G. OLIVER + MY GOLF GEAR, THAT ROSS DOSN’T WANT AND EVERYTHING ELSE TO GO TO CHĒ.

CHRIS WEBB

[7]                 Ms Blyth has deposed that the signature on the document is Mr Webb’s, noting that it appears the same as that contained  on  his  passport  and  driver’s  licence.  Ms Blyth has produced as exhibits to her affidavit the envelope containing the document, the document itself, and certified copies of Mr Webb’s passport and driver’s licence.

[8]                 Ms Blyth deposes that she has made full enquiries to search for an earlier will made by Mr Webb, and her counsel has filed a memorandum attaching documents showing that a will enquiry in relation to Mr Webb has been placed in the New Zealand Law Society’s Law Points publication on 17 October 2024. No will has been found as a result of that enquiry and a thorough search of the lawyers’ offices.

[9]                 Ms Blyth further deposes that the value of the property referred to in the will that forms part of Mr Webb’s estate does not exceed $700,000. She has provided to the Court a consent form from Mr Webb’s only child, his daughter Stephanie Docekal, confirming that she consents to an order being made declaring the document as a valid will. The consent form has been witnessed and confirms that Ms Docekal has been advised of her right to seek independent legal advice and elected not to do so being fully aware of the effects of the order being made.

[10]              Ms Blyth deposes that Mr Webb is not survived by any other children and that enquiries have been made for the purposes of the Status of Children Act 1969 by causing a search to be made of the Registrar of Instruments Declarations and Orders maintained by the Registrar-General and looking through papers of Mr Webb that have come to her notice in the course of searching for the will made by him. The result is that there has been no discovery of any parent or child who could claim an interest in the estate.

Relevant law

[11]              This Court has the power to validate a document that appears to be a will, does not comply with s 11 of the Act and came into existence in or out of New Zealand, if it is satisfied that the document expresses the deceased person’s testamentary intentions.1

[12]              In making its determination as to whether to validate the document, the Court may consider the document, evidence on the signing and witnessing of the document, evidence on the deceased person’s testamentary intentions, and evidence of statements made by the deceased person.2

Decision

[13]              I am satisfied that the document is a document that appears to be a will and does not comply with s 11 of the Act, as it was not signed and witnessed as required. I am satisfied that the document came into existence in New Zealand.

1      Wills Act 2007, s 14(1) and (2).

2      Section 14(3).

[14]              I am satisfied on the evidence of Ms Blyth that the document expresses      Mr Webb’s testamentary intentions close to the time of his death. Ms Blyth asked him about the existence of a will in June 2024 and he informed her that he had made one and that it was in a drawer. I am satisfied that he was referring to the ‘will’ that she discovered on 26 September 2024. Although the document is dated June 2013, I consider that Mr Webb’s reference to it as his ‘will’ in June 2024 means it continued to express his testamentary intentions.

[15]              I am therefore satisfied it is appropriate to grant the application for validation of the document as a will.

[16]              I make an order validating the document annexed as Exhibit “B” to the affidavit of Ms Blyth dated 13 January 2025 as Mr Webb’s will.

La Hood J

Solicitors:
Pitt & Moore – Richmond Branch, Nelson for Applicant