Estate of Wells

The High Court of New Zealand, Invercargill Registry, was presented with an application by Robert John Daley and Neil Anthony Douglas, seeking a declaration that certain documents found on the kitchen table of the deceased, Peter David Wells, are valid codicils to his will dated 15 August 2002. The applicants argue that the notes express the deceased's testamentary intentions, despite not complying with the formal requirements of the Wills Act 2007. The court was required to determine whether the notes, which were unsigned and undated, could be considered valid codicils under s 14 of the Wills Act 2007. The key legal issue was whether the notes, in light of the consent of all relevant beneficiaries, sufficiently expressed the deceased's testamentary intentions to warrant their declaration as valid codicils.

The court considered the robust approach to such applications, referencing previous cases such as Estate of T G Feron and Re Estate of Murray. The court noted that the notes, although not witnessed, plainly purported to dispose of the deceased’s property, identify the person responsible for managing the estate, and address funeral arrangements. The applicants contended that the deceased had mistakenly referred to other individuals as trustees and executors but intended for them to simply instruct their lawyer to compensate the applicants for their work under the estate. The court acknowledged the speculative nature of interpreting the deceased's intentions but concluded that, on the balance of probabilities and given the consent of all affected parties, the notes should be declared valid codicils, except for the mistaken reference to the trustees. The court declared the notes valid as codicils, considering the overall purpose of s 14 of the Wills Act 2007 was achieved.