Zhang

[2025] NZHC 1115

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2025-485-239 [2025] NZHC 1115

IN THE MATTER

of section 14 of the Wills Act 2007

AND

IN THE MATTER

of an application by SHUWEI ZHANG of Room 1101, in No.18 of Stage 2 Nongxiu Jingyuan, at 1028 Songrun Road in Zhongxiang Town, at Qingpu District of Shanghai, in China, Retired, for an order that a document be declared a valid will of the deceased LUQI ZHANG, of 9A Marion Avenue, Mount Roskill, Auckland,

New Zealand, Technician, Deceased

On the papers
Counsel:	X Zhu for the Applicant
Judgment:	9 May 2025

JUDGMENT OF ISAC J

[Application for an order declaring document to be a valid will]

[1]                  At the age of 32 Luqi Zhang tragically drowned on Waiheke Island. His father, Shuwei Zhang, applies under s 14 of the Wills Act 2007 seeking an order declaring a document dated 22 January 2024 as a valid will despite the document not meeting all the requirements in s 11 of the Act.

[2]                  On 23 January 2024 Luqi travelled to Waiheke Island despite having arranged to meet his parents and his wife—whom he had recently married in China—at Auckland airport. The day before he had emailed his Auckland based solicitors a

S ZHANG [2025] NZHC 1115 [9 May 2025]

document intended to be his last will. The document was electronically signed but not attested in accordance with the Act, as the deceased and the two witnesses did not sign the document in each other’s presence. Luqi died the following day.

[3]                  Section 14 of the Wills Act grants the High Court a discretion to declare a document that does not comply with s 11 as a valid will provided the document expresses the deceased’s persons testamentary intentions.1

[4]                  Accompanying the application is an affidavit by Mr Zhang Snr. The evidence indicates:

(a)appropriate enquiries have been made to confirm that Luqi has no known children living in New Zealand;

(b)Luqi held interests in two properties situated in Auckland. A combined value of his estate is likely to be less than $1.2 million;

(c)the purchase of his interest in those properties was supported or enabled by his mother and father;

(d)under the document which is the subject of this application, and entitled “Luqi Zhang’s Last Will and Testament” he appoints the applicant as executor and trustee of his estate;

(e)the putative executor is directed under the document to transfer Luqi’s full share in the Auckland properties to the applicant, and in the event he is no longer living, to his mother;

(f)all other assets and property are also left to the applicant;

(g)the application is accompanied by a translated consent to the application by Luqi ’s mother;

1      Wills Act 2007, s 14(2).

(h)Luqi ’s wife has also provided a translated consent. It records that she and Luqi were married in August 2023, less than six months before his death. She is a teacher in China, and she and Luqi had never lived together before he died and they had not owned property together.

Conclusion and result

[5]                  In light of the evidence in support of the application I am satisfied it is appropriate to make an order under s 14 of the Wills Act declaring a document dated 22 January 2024, entitled the “Last Will and Testament of Luqi Zhang” a valid will.

[6]Leave to apply is reserved.

Isac J

Solicitors:
Solar Legal Ltd, Auckland for applicant