Wilson

[2025] NZHC 2214

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2025-425-79

[2025] NZHC 2214

IN THE ESTATE OF

Regan Te Rangi Ata Wilson

UNDER

Section 14 of the Wills Act 2007

BETWEEN

BETHANY ALICIA WILSON

Applicant

Hearing:	On the papers
Appearances:	T D Marshall for Applicant
Judgment:	7 August 2025
Reissued:	13 October 2025

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 7 August 2025 at 2.15 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

RE WILSON [2025] NZHC 2214 [7 August 2025]

[1]                 This is an originating application made without notice for an order under s 14 of the Wills Act 2007 (the Act) declaring a document valid as the will of the deceased, Regan Te Rangi Ata Wilson.

Background

[2]                 Regan Te Rangi Ata Wilson (the deceased) died at Invercargill on or  about 11 May 2025. He was survived by his wife, Bethany Alicia Wilson (Mrs Wilson), who is the applicant. He is also survived by their two children, aged two and four years old respectively.

[3]                 The document sought to be validated is a two-page direction dated 11/05/25 (the document), a certified copy of which is attached to the affidavit of Mrs Wilson and marked ‘A’. Mrs Wilson confirms the document is signed by the deceased. She deposes that the deceased died on that date and the document was found on the kitchen bench at their home in Invercargill.

[4]                 Mrs Wilson explains that she has made full enquiries and searches for any earlier will made by the deceased, including searching through his personal documents and instructing AWS Legal to make enquiry at the Southland Branch of the New Zealand Law Society, but there has been no response to that enquiry. She is satisfied that the deceased did not execute an earlier will and if the document is not declared a will, the deceased will be wholly intestate.

[5]                 To the best of her knowledge and belief, she considers the gross value of estate left by the deceased does not exceed $65,000 which is well within the prescribed amount that she would be entitled to on an intestacy (being $155,000).1 She has made enquiries for the purpose of the Status of Children Act 1969 as to the existence of a child of the deceased in addition to those already known to her who could claim an interest in the estate. The result of that enquiry was that there is no record of any such child.

1      Administration (Prescribed Amounts) Regulations 2009, cl 5.

[6]                 For these reasons, counsel submits that there is no other person with a higher entitlement under the Administration Act 1969 intestacy rules than the applicant, Mrs Wilson, and it is appropriate that the application proceed without notice. I accept that is the case and proceed accordingly.

Application for an order declaring document a valid will

[7]                 The power to validate a document as a will is given to this Court under s 14 of the Act. That section provides:

14       High Court may declare will valid

(1)This section applies to a document that—

(a)appears to be a will; and

(b)does not comply with section 11; and

(c)came into existence in or out of New Zealand.

(2)The High Court may make an order declaring the document valid, if it is satisfied that the document expresses the deceased person’s testamentary intentions.

(3)The court may consider—

(a)the document; and

(b)evidence on the signing and witnessing of the document; and

(c)evidence on the deceased person’s testamentary intentions; and

(d)evidence of statements made by the deceased person.

[8]                 The first question is whether the document appears to be a will. Will is defined under the Act as a document that:2

(a)is made by a natural person;

(b)does any or all of the following:

(i)disposes of property to which the person is entitled when he or she dies; or

2      Wills Act 2007, s 8.

(ii)disposes of property to which the person’s personal representative becomes entitled as personal representative after the person’s death; or

(iii)appoints a testamentary guardian.

[9]                 Section 6 of the Act defines “document” as meaning “any material on which there is writing”.

[10]              I am satisfied that the document meets the criteria under s 6 of the Act. Furthermore, it was made by the deceased as a natural person and the document disposes of the deceased’s property. Specifically, the document:

(a)is described as a “will”;

(b)makes for provision for Mrs Wilson to be the executor, and with an alternative named as a “back-up”;

(c)identifies the deceased’s assets, including vehicles and mowing franchise, a Kiwisaver account and other equipment and directs that they are to be given to, or sold by, Mrs Wilson; and

(d)it also gives instructions for his funeral and subsequent burial.

[11]              The document does not comply with s 11 of the Act. That section requires, among other things, at least two witnesses to be together in the will maker’s presence when the will maker signs the document and to sign the document themselves in the will maker’s presence. Here, there are no witnesses. The document is only signed by the will maker.

[12]              I am also satisfied that the document expresses the deceased’s testamentary intentions. Mrs Wilson deposes that she and the deceased had discussed their intentions if they died and they each intended that their estates would pass to each other so that the survivor could care for their children. The testamentary wishes expressed in the document accords with those previous discussions of the deceased’s testamentary intentions.

Result

[13]              Accordingly, given all the requirements of s 14 of the Wills Act are met, and I am satisfied there is no other person who is affected by this application and should be served with it, I make a without notice order declaring the document, a certified copy of which is annexed to Mrs Wilson’s affidavit sworn on 23 July 2025 and marked “A” to be the valid will of the late Regan Te Rangi Ata Wilson.

Solicitors:
AWS Legal, Invercargill