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Estate of Wright [2013] NZHC 9 (18 January 2013)

Last Updated: 21 February 2013


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-007615 [2013] NZHC 9

UNDER In the Estate of ALAN FREDERIC WRIGHT

Hearing: 18 January 2013 (On the Papers)

Counsel: G G Simpson for the Applicant, J W Wright

Judgment: 18 January 2013

JUDGMENT OF COURTNEY J


This judgment was delivered by Justice Courtney on 18 January 2013 at 3.00 pm, pursuant to

r 11.5 of the High Court Rules


Registrar/Deputy Registrar


Date:...........................

Solicitors: Simpson Western, Private Bag 93533, Takapuna, Auckland 0740 (DX BX10653)

ESTATE OF A WRIGHT HC AK CIV-2012-404-007615 [18 January 2013]

[1] Alan Frederic Wright died in September 2012 without leaving a properly executed will. However, in early 2007 Mr Wright had given his brother, John Walter Wright, a sealed envelope, telling him to open it if anything ever happened to him. Alan Wright also gave his daughter, Helen Wright, a sealed envelope with the same instruction. Following Alan Wright’s death, these envelopes were opened and each found to contain the same document (whether two originals or an original and copy is not apparent). John Wright has applied under s 14 of the Wills Act 2007 for an order declaring that this document is the valid will of Alan Frederic Wright. The document is dated 19 January 2007 and headed “will and testament of Alan Frederick Wright”. It says:

In the event of my death, or being incapacitated and unable to make decisions on my wellbeing, my wish is that my brother John Walter Wright be empowered to manage all my affairs inclusive of;

Funeral (cremation, ashes to be scattered on the Waitemata Harbour)

All assets in whatever form be sold, all interests in whatever form be realised, debts owing settled, and the balance be distributed equally to the five persons below:

John Walter Wright brother Jonathan Thomas Wright son Helen Louise Wright daughter Christopher Andrew Wright son Philip Scott Wright son

Should these wishes be applied prior to my younger sons attaining the age of

17 years their interests in terms of my estate are to be managed by my brother.

[2] In his affidavit in support of the application, John Wright has confirmed that the signature on the document appears to be that of his brother and has annexed a copy of Alan Wright’s passport and driver’s licence to show the signature, which is consistent with the signature on the document. Helen Wright has also provided an affidavit confirming her belief that the document contained in the sealed envelope was intended to be her father’s last will.

[3] John Wright’s affidavit also describes his brother’s family relationships. Alan Wright had been married twice, both marriages having been dissolved some years ago. He had two children from each marriage, all of whom are identified in the document said to be his last will. I am satisfied from the evidence that the document, although not complying with s 11 of the Wills Act, does represent Alan Wright’s testamentary intentions and that there is no other document which might.

[4] I am able to make an order declaring this document to be a valid will without any requirement for further service of the application because the adult children, Jonathan, Helen and Christopher, have all provided written consents to the application. John Wright has given his consent on behalf of the remaining minor child, Philip. There is no evidence of any other person who might have an interest in

the estate.

P Courtney J


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