Goodwin

[2017] NZHC 1826

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2017-485-626 [2017] NZHC 1826

IN THE MATTER OF	Section 14 of the Wills Act 2007
AND
IN THE MATTER OF	an application by REGINA MARGARET GOODWIN of Whanganui, Social Worker for an order that a document be declared a valid will of the deceased ANTHONY OSCAR ADAMS of Motueka, Orchard Worker

Hearing:	On the papers
Counsel:	K N Crooks for Applicant
Judgment:	3 August 2017

JUDGMENT OF CLARK J

[On application for order declaring document to be a valid will]

Pursuant to r 11.5 of the High Court Rules I direct that the delivery time of this judgment is

10:00 am on 3 August 2017

Goodwin and Adams [2017] NZHC 1826 [3 August 2017]

[1]      Anthony Oscar Adams died at Takaka on or about 1 May 2016.   In this proceeding under s 14 of the Wills Act 2007 the applicant asks the Court to make an order declaring that a handwritten document signed by Mr Adams is his valid will.

Jurisdiction

[2]      If the High Court is satisfied that a document appears to be a will, and the document expresses the testamentary intentions of the deceased, the Court may make an order declaring the document to be a valid will.1     The document’s  apparent invalidity must be as a result of its non-compliance with s 11 of the Wills Act which provides for such formalities as signing and witnessing.

[3]      In  determining  an  application  under  s 14  the  court  may  consider  the document itself, any evidence as to the signing and witnessing of the document, evidence as to the deceased’s testamentary intentions and evidence of statements the deceased may have made that are relevant to the deceased’s testamentary intentions.2

The facts

[4]      Mrs Goodwin, the applicant, is the deceased’s sister.  Mrs Goodwin is both the executor of the will and a beneficiary.   There are other adult sisters and a stepbrother with a beneficial interest in Mr Adams’ estate.  Those seven beneficiaries have consented to the Court making an order declaring the document to be a valid will. Their consents are attached to the affidavit Mrs Goodwin filed in support of her application.

[5]      In her affidavit Mrs Goodwin states that Mr Adams wrote his own will which is dated 30 August 2014.  After making full inquiries and searches for an earlier will Mrs Goodwin is satisfied that Mr Adams did not execute an earlier will.

[6]      Mr Adams was not survived by a spouse, a civil union partner or any de facto partners entitled to succeed on intestacy.  A certificate issued from the office of the

Registrar-General  certifies  that  searches  have  been  made  under  the  Status  of

1      Wills Act 2007, s 14.

2      Section 14(3).

Children Act 1969 for paternity orders and declarations of paternity.  Mr Adams was not survived by a parent or any child.

Decision

[7]      The first requirement of a document which is the subject of a s 14 application is that it appears to be a will.3   There is no doubt in my mind that this requirement is satisfied. The two-page document begins:

WILL & TESTAMENT!! EXECUTOR OF MY ESTATE IS

MRS REGINA MARGARET GOODWIN!!

I, Anthony Oscar Adams

Residing at … Motueka

Do hereby declare! That in the untimely demise of my time here on earth

…

[8]      Mr Adams then proceeds with the disposition of his possessions.  He gives details of his life insurance policy number, his bank account details and the details of a  creditor  who  he  asks  to  be  paid  as  soon  as  possible.    Mr Adams  states  his preference of venue for a funeral service and for the type of refreshments he hopes can be provided at his service, funds permitting.  The only paper in which Mr Adams wishes a funeral notice to be published is specified and the document concludes with an “NB” relating to the disposition of his shares in the family farm.

[9]      The document is signed but it is not witnessed.  In this important regard the document does not comply with s 11 of the Wills Act.   I am satisfied that the document expresses Mr Adam’s testamentary intentions.  The further preconditions

for an order under s 14 being met, an order may be made.

3      Wills Act s 14(1)(a).

Result

[10]     The document, a copy of which is annexed to Mrs Goodwin’s affidavit, is declared to be the valid will of Anthony Oscar Adams.

Karen Clark J

Solicitors:

Armstrong Barton, Whanganui for Applicant