Lory v Weatherup

[2019] NZHC 476

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-00264

[2019] NZHC 476

BETWEEN

LYNN JOY LORY AND ODETTE LOUISE WEATHERUP

Plaintiffs

AND

WILLIAM ROBERT WEATHERUP, LYNN JOY LORY, ODETTE LOUISE

WEATHERUP AND HELEN JEAN KEHOE

Defendants

Hearing:	On the papers
Counsel:	D N Evans for Plaintiffs
Judgment:	18 March 2019

JUDGMENT OF WHATA J

This judgment was delivered by me on 18 March 2019 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Gaze Burt, Auckland

WEATHERUP v WEATHERUP [2019] NZHC 476 [18 March 2019]

[1]    The deceased, Lillian Joy Weatherup, died on or about 26 June 2018. An application has been made by the intended executors of a Will dated 9 March 2016, seeking probate in common form. The evidence shows that the deceased was blind at the time of her death and it appears that the Will was not read to her. Rather, one of the executors, Ms Lory, explained the Will to her and its terms, namely, that everything would be left to her four children equally. The deceased’s lawyers are holding an earlier Will, dated 18 February 2016. The terms of that will are exactly the same as the Will of 9 March 2016. The reason for the new Will is that the front page of the former Will was not initialled. All of the beneficiaries under both Wills consent to probate being granted.

Assessment

[2]    While the failure to read out the Will to the deceased is a material irregularity, given that the Will is a copy effectively of a previous Will which contained only a minor defect, I am satisfied that probate in solemn form should be granted.

[3]There shall be an order accordingly.