IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2015-485-601528 [2015] NZHC 1292
IN THE MATTER of an application for Probate in Solemn
Form pursuant to R 27.6 High Court Rules
IN THE MATTER
of the Estate of MICHAEL OWSTON- DOYLE late of Auckland, deceased
IN THE MATTER
of an application pursuant to s 14 Wills
Act 2007BETWEEN
SYLENA EVE OWSTON WATT, JO- ANNE MICHELLE PETTYJOHN, LISA JANINE ROBERTS
Plaintiffs
AND
SYLVIA MAY OWSTON-DOYLE Defendant
Hearing: 4 June 2015 Appearances:
P G Revell for Plaintiffs
No appearance for DefendantJudgment:
9 June 2015
JUDGMENT OF WHATA J
This judgment was delivered by Justice Whata on
9 June 2015 at 4.30 p.m., pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Solicitors:
Corban Revell Lawyers, Auckland
WATT v OWSTON-DOYLE [2015] NZHC 1292 [9 June 2015]
[1] The plaintiffs make application for:
(a) Validation of the unsigned will of Michael Owston-Doyle, under s 14 of the Wills Act 2007; and
(b) Probate of the will in solemn form.
[2] The plaintiffs have truncated what is normally a two-step process and have requested the Court to proceed by way of formal proof to make the orders sought. I have something to say briefly about the procedure adopted below, but for present purposes I am primarily concerned with the merits.
Background
[3] Mr Michael Owston-Doyle died at Auckland on 1 June 2014. He is survived by his wife, Sylvia and his six children, two of whom, Sylena Watt and Jo-Anne Pettyjohn, are two of the three plaintiffs in their capacity as executors. The third in that capacity is Lisa Roberts, a partner of the firm Corban Revell.
[4] On 14 May 2014, at the request of Jo-Anne Pettyjohn, Mr Allen, a registered legal executive employed by Corban Revell, saw at the offices of Corban Revell Mr Owston-Doyle, Sylvia, Jo-Anne Pettyjohn and Jo-Anne’s husband.
[5] Mr Allen has produced an exhibit of his handwritten notes made at the meeting. Mr Allen also deposes that he drew the document intended to be Mr Owston-Doyle’s last will at the offices of Corban Revell some time between the date of 14 May 2014 and 29 May 2014. He firmly believes that the document he drew reflected Mr Owston-Dolye’s testamentary intentions as of that day.
[6] On 29 May 2014, Mr Allen was telephoned by Jo-Anne, who informed him that her father had been admitted to Waitakere Hospital for surgery and that it was
anticipated that he would be discharged after surgery to another facility in Glen
Eden.
[7] Mr Allen also visited Mr Owston-Doyle in Waitakere Hospital on 30 May
2014. He says he read the will over to Mr Owston-Doyle who appeared to be in some discomfort and kept his eyes closed during that process. After he had read to him the main clauses in the document, i.e. clauses 1 to 6, 8 and 9, he said yes.
[8] Mr Allen asked the doctor on duty whether he or another staff member would…
Continue reading Watt v Owston-Doyle
Sign in free to access the full text
- AGLC
- Watt v Owston-Doyle [2015] NZHC 1292
- Case
- [2015] NZHC 1292
- Decision Date
CaseChat Overview and Summary
The reasoning of the court was grounded in the statutory provisions of the Wills Act 2007, particularly section 14, which allows the High Court to declare a will valid if it expresses the deceased's testamentary intentions, despite non-compliance with the usual formalities. The court considered the evidence presented, including the testimony of the legal executive who drafted the will, and concluded that the draft will accurately reflected Mr Owston-Doyle's intentions. The court also noted the requirement under the High Court Rules for an affidavit from the executors to be filed for probate, which was satisfied in this case. The court granted the application for validation and probate, highlighting the need for adherence to procedural rules in future cases. The final orders of the court included the validation of the unsigned will and the grant of probate in solemn form to the named executors.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.