Van Ekeren (Estate of Wilson)

[2022] NZHC 1013

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV2022-404-000687

[2022] NZHC 1013

IN THE MATTER OF

S 14 of the Wills Act 2007

AND

IN THE MATTER OF

The Estate of JOHN LENARD WILSON (Deceased)

AND

ANNE LOUISE VAN EKEREN

Applicant

Hearing:	On the papers
Counsel:	J Armstrong for the Applicant
Judgment:	12 May 2022

JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 12 May 2022 at 12noon Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:

Armstrong Murray Lawyers, Auckland

EKEREN (the estate of JOHN LEONARD WILSON) [2022] NZHC 1013 [12 May 2022]

Introduction

[1]    Anne Louise Van Ekeren applies under s 14 of the Wills Act 2007 for an order declaring to be a Will, a document found among the papers of her deceased brother, John Leonard Wilson, who died at Dunedin on or about 26 or 27 Mary 2020.

[2]    The document is a handwritten note bearing a date of 4 March 2009, and beginning

I, JOHN LEONARD WILSON BEING OF SOUND MIND, DO HEREBY MAKE MY LAST WILL & TESTAMENT THIS: 4^TH DAY OF MARCH 2009

[3]    After making a number of purported dispositions of property and funeral directions the document contain the words:

I WROTE THIS WITHOUT ANY COERSION…

[4]That is followed by a signature and the words

“JOHN L WILSON” and the date 4/3/09

[5]The document continues:

I APPOINT SISTER: ANNE, AS MY EXECUTOR OR CAROL IF ANNE UNAVAILABLE, OR BILL (IF NEITHER).

[6]    The document is not signed by two people purporting to be witnesses and so was not executed in the manner prescribed by s 11 (4) of the Wills Act 2007.

[7]Nevertheless, I am satisfied on the evidence that:

(a)the applicant is the purported executor named in the document

(b)the document appears to be a will that came into existence in New Zealand; and

(c)the document expresses the late Mr Wilson’s testament intentions.

[8]    Appropriate consents to the orders sought have been filed by or on behalf of the other purported beneficiaries. The evidence establishes that Mr Wilson was not survived by any spouse or de-facto partner and there do not appear to be any children who might be regarded as beneficiaries entitled to succeed on Mr Wilson’s intestacy.

[9]    In the circumstances, I am satisfied that the orders should be made as sought. I order accordingly that:

(a)leave is granted for the application for orders declaring the document to be a valid will to be made without notice to any other person;

(b)the handwritten document dated 4 March 2009 is declared a valid will of John Leonard Wilson; and

(c)the costs of the application shall be met from the proceeds of John Leonard Wilson’s estate.

Toogood J