Estate of Wright

[2013] NZHC 9

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-007615 [2013] NZHC 9

UNDER  In the Estate of ALAN FREDERIC WRIGHT

Hearing:         18 January 2013 (On the Papers)

Counsel:         G G Simpson for the Applicant, J W Wright

Judgment:      18 January 2013

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 18 January 2013 at 3.00 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:……………………...

Solicitors:      Simpson Western, Private Bag 93533, Takapuna, Auckland 0740 (DX BX10653)

ESTATE OF A WRIGHT HC AK CIV-2012-404-007615 [18 January 2013]

[1]      Alan Frederic Wright died in September 2012 without leaving a properly executed will.  However, in early 2007 Mr Wright had given his brother, John Walter Wright, a sealed envelope, telling him to open it if anything ever happened to him. Alan Wright also gave his daughter, Helen Wright, a sealed envelope with the same instruction.  Following Alan Wright’s death, these envelopes were opened and each found to contain the same document (whether two originals or an original and copy is not apparent).  John Wright has applied under s 14 of the Wills Act 2007 for an order declaring that this document is the valid will of Alan Frederic Wright.   The document  is  dated  19  January  2007  and  headed  “will  and  testament  of  Alan Frederick Wright”.  It says:

In  the  event  of  my  death,  or  being  incapacitated  and  unable  to  make decisions on my wellbeing, my wish is that my brother John Walter Wright be empowered to manage all my affairs inclusive of;

Funeral (cremation, ashes to be scattered on the Waitemata Harbour)

All  assets  in  whatever  form  be  sold,  all  interests  in  whatever  form  be realised, debts owing settled, and the balance be distributed equally to the five persons below:

John Walter Wright                brother Jonathan Thomas Wright  son Helen Louise Wright  daughter Christopher Andrew Wright  son Philip Scott Wright  son

Should these wishes be applied prior to my younger sons attaining the age of

17 years their interests in terms of my estate are to be managed by my brother.

[2]      In his affidavit in support of the application, John Wright has confirmed that the signature on the document appears to be that of his brother and has annexed a copy of Alan Wright’s passport and driver’s licence to show the signature, which is consistent with the signature on the document.  Helen Wright has also provided an affidavit confirming her belief that the document contained in the sealed envelope was intended to be her father’s last will.

[3]      John  Wright’s  affidavit  also  describes  his  brother’s  family  relationships. Alan Wright had been married twice, both marriages having been dissolved some years ago.  He had two children from each marriage, all of whom are identified in the document  said  to  be  his  last  will.    I  am  satisfied  from  the  evidence  that  the document,  although  not  complying  with  s  11  of  the  Wills Act,  does  represent Alan Wright’s testamentary intentions and that there is no other document which might.

[4]      I am able to make an order declaring this document to be a valid will without any requirement for further service of the application because the adult children, Jonathan, Helen and Christopher, have all provided written consents to the application.   John Wright has given his consent on behalf of the remaining minor child, Philip.  There is no evidence of any other person who might have an interest in

the estate.

P Courtney J