N THE ESTATE of ALLEN REGINALD PEE of Otahuhu, Auckland, Retired (deceased)ANDIN THE MATTER of an application under section 14 of theWills Act 2007

[2014] NZHC 4

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV2013-485-010695 [2014] NZHC 4

IN THE ESTATE               of ALLEN REGINALD PEE of Otahuhu, Auckland, Retired (deceased)

AND

IN THE MATTER             of an application under section 14 of the

Wills Act 2007

Hearing:                  On the papers. Counsel:                  S G Callender Judgment:               9 January 2014

JUDGMENT OF TOOGOOD J

Solicitors:

Wynyard Wood, Auckland

PEE, ESTATE OF A R [2014] NZHC 4 [9 January 2014]

[1]      The applicant Trevor Allen Tull applies to the Court to validate an unsigned document which he deposes is a draft will prepared for Allen Reginald Pee who died at Otahuhu on 29 June 2013.

[2]      Mr Tull was a very close friend and confidant of the deceased who arranged for the preparation of a draft will in accordance with Mr Pee’s instructions.  He says that the deceased wished his sister Evelyn to have the use and benefit of a property jointly owned and occupied by them and that on the death of his sister, or in the event that she should predecease him, his estate should be divided in certain shares amongst friends (including Mr Tull) and certain charities.  Evelyn died a few months after the deceased.

[3]      A will was prepared in accordance with the deceased’s instructions and sent to him by his solicitors.   I am satisfied on the evidence that Mr Pee made some handwritten amendments to the draft, including amending the spelling of the name of a friend to whom he wished to leave any motorcar owned at the time of his death and a modest increase in the shares in the estate to be given to one of his friends.

[4]      I am further satisfied that the amended document was never returned to the solicitors so that an amended will could be prepared and executed.

[5]      The evidence establishes that Mr Pee had no children at the time of his death and had no other close relatives, other than some of the proposed beneficiaries referred to in the draft document as his friends who, it seems, were second cousins.

[6]      The evidence satisfies me that the draft documents as amended by Mr Pee reflect his testamentary wishes.

[7]      The document attached to Mr Tull’s affidavit marked “A” is not a valid will because it fails to meet the requirements for signature and witnessing under s 11 of the Wills Act 2007.

[8]      I am satisfied, however, that:

(a)       the application for validation may be made without notice having regard to the fact that no person is adversely affected by it;

(b)that adequate inquiries have been made but have not resulted in any valid will for the deceased being found; and

(c)       that the draft attached to Mr Tull’s affidavit accurately reflects the deceased’s testamentary wishes.

[9]      Accordingly, I make a declaration under s 14 of the Wills Act that the draft

document attached marked “A” to the affidavit of Trevor Allen Tull sworn on 16

December 2013 in support of the application, as amended, is a valid will of Allen

Reginald Pee who died at Otahuhu on 29 June 2013.

Toogood  J