Scott v Blocker

[2018] NZHC 3177

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2018-485-920 [2018] NZHC 3177

UNDER	the Wills Act 2007
IN THE MATTER OF	an application by ALAN MELBY SCOTT of Christchurch, Manager and BRUCE DONALD SCOTT of Sydney, Australia, Self Employed for an order that the will of ROBYN FAYE BLOCKER of Lower Hutt, New Zealand, Retired, be declared valid

Hearing:	On the papers
Counsel:	P G Logan
Judgment:	4 December 2018

JUDGMENT OF GRICE J

(Declaration of will valid under s 14 of Wills Act 2007)

[1]      Ms Robyn Blocker died at Lower Hutt about 18 June 2018.

[2]      Following an attendance on Ms Blocker, ARL Lawyers, Lower Hutt drafted her a will on 31 May 2018 and amended it on 14 June 2018 but did not send it to the deceased until 20 June 2018.

[3]      There are minor differences between the will draft by ARL and a previous handwritten will made by the deceased. They are not material.

[4]      The residuary beneficiaries, her children, Chelsea Vera Blocker and Evan

Dwayne Blocker have both consented to the validation of the will.

RE ESTATE OF ROBYN FAYE BLOCKER [2018] NZHC 3177 [4 December 2018]

[5]      In my view, the evidence of Ms Hopkinson of ARL Lawyers into such the instructions for the will establishes that it was prepared before Ms Blocker’s death on

18 June 2018.  However, even if it was prepared after her death, I am satisfied that it

should be validated as it accurately reflects the will maker’s intention.1

Grice J

Solicitors:

ARL Lawyers, Lower Hutt

1      Pfander v Gregory [2018] NZHC 161 at [34] and Re Estate of Capstick [2018 NZHC 359 at [31].