Estate of Perrin [2015] NZHC 1769 (29 July 2015)

Last Updated: 4 August 2015

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-485-609843 [2015] NZHC 1769

UNDER THE	WILLS ACT 2007
IN THE	ESTATE OF ARTHUR WILLIAM PERRIN

Hearing:	29 July 2015 (On the papers)
Appearances:	S Senior for Applicant
Judgment:	29 July 2015

_{JUDGMENT OF DUNNINGHAM J}

[1] This is an application to have a document purporting to express the testamentary intentions of the late Arthur William Perrin (the deceased), declared a valid will under s 14 of the Wills Act 2007.

[2] The deceased died on 9 September 2014 and was survived by his wife, Betty Maureen Perrin, and his four adult children, Shaun Andrew Perrin, Stephen John Perrin, Phillipa Anne Rump, and Malcolm David Perrin.

[3] The lawyer, for the deceased’s estate, has filed affidavit evidence confirming: (a) there is no earlier will made by the deceased;

(b) the persons with the beneficial interest in the estate of the deceased

_{are his widow and four children;}

ESTATE OF ARTHUR WILLIAM PERRIN [2015] NZHC 1769 [29 July 2015]

(c) that her enquiries confirm that the deceased has no other children, whether through birth or adoption;

(d) the deceased was not survived by a de facto partner entitled to succeed on in testacy.

[4] One of the deceased’s children, Shaun Perrin, has provided affidavit evidence explaining the circumstances in which the document which is sought to be declared a valid will was made. It was prepared by him, on the deceased’s instructions, in circumstances where the deceased realised he had terminal cancer and might not live long. The document expresses the wish that the deceased’s estate, after payment of funeral expenses by sale of his Nissan Terrano motor vehicle, is left to his wife.

[5] The circumstances in which the document was made satisfy me that it

expressed the deceased’s testamentary intentions.

[6] In addition, the application was accompanied by the consent of all persons who may be potentially affected by the granting of the order which is sought, being the deceased’s spouse and all four of his children.

[7] In all the circumstances, I am satisfied that the application meets the requirements of s 14 of the Wills Act 2007. Accordingly, I order:

(a) the document, a copy of which is exhibited to the affidavit of Shaun Andrew Perrin dated 2 April 2015, is hereby declared to be the valid will of the deceased, Arthur William Perrin.

Solicitors:

Malley & Co., Christchurch