Re Estate of Feron

In the High Court of New Zealand, the applicant, Rachel Kathleen Smyth, sought a declaration under section 14 of the Wills Act 2007, without notice, declaring a will valid. The deceased, Tiffany Gwenda Feron, had given verbal instructions to her solicitor, Ms Smyth, to update her will before passing away on 16 March 2011. Due to the February earthquake, the new will could not be completed before Ms Feron’s death. The primary beneficiaries under the previous will consented to the changes.

The court had to determine whether the application should proceed without notice and whether the draft will expressed the deceased’s testamentary intentions. The court found that the persons most affected by the changes had consented to them. However, certain individuals, including Ms Ruth Bateup, Mrs Andrea John, and the two charities, should be notified as they were materially affected. The court concluded that the notes and email taken by Ms Smyth constituted a document that "appears" to be a will for the purposes of section 14 of the Act. The court directed Ms Smyth to obtain the consent of the affected parties and file a further affidavit detailing the steps taken to reach them if necessary.

The court held that the notes and email at least provided the skeleton for a will, disposing of the deceased’s property, identifying the executor, and dealing with the residue and funeral arrangements. The court was satisfied that the notes and email represented the intentions of the deceased, given the strong evidence provided by Ms Smyth. The court also noted that this finding should not be seen as endorsing sloppy or deficient approaches to the drafting and execution of wills, as each case would be determined on its own merits.