Ramsay v Public Trust

[2018] NZHC 785

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CIV-2017-485-611312

[2018] NZHC 785

UNDER

the Wills Act 2007

IN THE MATTER

of the estate of GORDON LOUIS GUNN

BETWEEN

ROSALIND SHEILA RAMSAY

Plaintiff

AND

PUBLIC TRUST

First Defendant

GINA MARIE LENSSEN
Second Defendant

AUGUSTA ROSE GUNN
Third Defendant

DOMINIC GUNN
Fourth Defendant

KRISSY-LEE GUNN
Fifth Defendant

/ Over

Hearing:

23 April 2018

Appearances:

S F Powrie for the Plaintiff

Appearance of the First Defendant excused
S J Tee for the Second and Third Defendants, and Eighth Defendant (now deceased)

M Matthew for the Fourth and Fifth Defendants A Kimber for the Sixth and Seventh Defendants

Judgment:

24 April 2018

RESULTS JUDGMENT OF HINTON J

ROSALIND SHEILA RAMSAY v PUBLIC TRUST [2018] NZHC 785 [24 April 2018]

HAYDEN OSCAR DAVIS

Sixth Defendant

TAYLA MAREE DAVIS
Seventh Defendant

THOMASINA GUNN

Eighth Defendant

This judgment was delivered by me on 24 April 2018 at 2.30 pm pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Counsel/Solicitors:

Grove Darlow & Partners, Auckland Public Trust, Auckland

Morton Tee & Co, Auckland Rennie Cox, Auckland Kimbers Lawyers Ltd, Orewa

[1]                  The plaintiff applies for probate in solemn form to issue in respect of either a will dated 18 September 2000 or a will dated 23 February 2015, saying there is uncertainty as to which is valid and operative.

[2]                  The defendants oppose probate being granted in respect of the 23 February 2015 will, but support probate in respect of the earlier will.

[3]At the end of yesterday’s hearing, I made the following orders:

(a)Declaring that the handwritten will dated 23 February 2015 is invalid.

(b)Granting probate in solemn form in respect of the will of Gordon Louis Gunn dated 18 September 2000.

(c)Costs of all parties are to be met from the proceeds of the deceased’s estate.

[4]                  I will issue a reasons judgment as soon as possible, but made the orders immediately as the outcome was clear, and all parties were concerned to know the position as soon as possible.

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Hinton J