White (deceased)

[2017] NZHC 220

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2017-485-96 [2017] NZHC 220

IN THE MATTER OF	Section 14 of the Wills Act 2007
IN THE MATTER OF	the estate of NICHOLAS PETER WHITE (deceased)

Hearing:	On the papers
Counsel:	T E Hesketh
Judgment:	21 February 2017

JUDGMENT OF CLIFFORD J

[1]      This is an application under s 14 of the Wills Act 2007, commenced by way of originating application as required by High Court Rule 19.2(xa), to declare a document to be a valid will.  The applicant, the father of the deceased Nicholas Peter White whose estate is at issue (Mr White snr), also applies to proceed on a without notice basis.

[2]      I deal first with the application to proceed without notice.  Mr White senior has provided affidavit evidence to the effect that the only persons with a beneficial interest  in  the  estate  of  Nicholas  White  are  himself,  Nicholas  White’s  mother, Alison Rae   White,   and   Nicholas   White’s   brother,   Simon   William   White. Mr White snr and Mr White’s mother and brother consent to the order sought being made.  Mr White snr has also, by affidavit, confirmed that Nicholas White was not survived by a spouse, de facto partner or children entitled to succeed on testacy or any other children.  Mr White snr refers to various enquiries that have been made in that regard.

[3]      On that basis, I am satisfied that it is appropriate for this application to proceed without notice to any other parties.

RE WHITE (DECEASED) [2017] NZHC 220 [21 February 2017]

[4]      I turn now to the substance of the application.

[5]      Mr White  snr  annexed  to  his  affidavit  the  document  in  question  (the Document).    The  Document  is  a  typed  and  handwritten  document  prepared  by Mr White snr, signed by Nicholas White, and witnessed by Mr White snr.   The Document  is  clearly  intended  to  be  Nicholas  White’s  last  will  and  testament. Nicholas White has not only signed the Document, but also initialled the Document where it has been completed in handwriting.   Mr White snr, in his affidavit, has given evidence of the circumstances in which the will was prepared and signed by Nicholas White in his presence, and also in the presence of Nicholas White’s mother, Mrs White.   Mrs White has confirmed those circumstances in her affidavit.   The Whites were simply unaware of the need for a will to be signed in the presence of, and witnessed by, two persons.

[6]      The Document records Nicholas White’s decision to leave all his estate to his

brother Simon White.

[7]      I am satisfied that in terms of s 14 of the Wills Act 2007 it is appropriate that an   order   be   made   declaring   the   Document   to   be   the   valid   will   of Nicholas Peter White,   deceased,   of   Palmerston   North,   New   Zealand,   finance manager. There is an order accordingly.

“Clifford J”

Solicitors:

Jacobs Florentine, Palmerston North