Estate of Rama [2018] NZHC 768 (23 April 2018)

Last Updated: 3 May 2018

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CIV-2018-485-233 [2018] NZHC 768

IN THE MATTER	of Section 14 of the Wills Act 2007
IN THE ESTATE	of Dullabh Rama of Auckland, Retired, Deceased

Hearing:	On the papers
Judgment:	23 April 2018

JUDGMENT OF CULL J

[1] The executor and trustee, Mr Govan applies for orders, on a without notice originating application, declaring a will dated 23 June 2017, to be a valid will under s 14 of the Wills Act 2007.

[2] Mr Govan has filed a substantive affidavit setting out the circumstances in which the deceased signed his new will on 23 June 2017. Mr Govan assisted the deceased, by arranging for the signing of his new will in the presence of two witnesses. He contacted two Justices of the Peace to go to the deceased’s home to witness the signing of his will but they were unable to go to the deceased’s home together at the same time. As the deceased was unable to walk properly and needed assistance, Mr Govan’s mother took the deceased to see a Justice of the Peace and the deceased duly signed his new will in the presence of that Justice of the Peace on 23 June 2017.

[3] Two days later, on 25 June 2017, arrangements were made for another Justice of the Peace to go to the deceased’s home to witness the deceased’s new will. The Justice of the Peace duly placed his signature on the new will as the second witness.

ESTATE OF DULLABH RAMA [2018] NZHC 768 [23 April 2018]

[4] When the deceased’s will was taken to his solicitors, Mr Govan was later advised by the lawyers that the deceased’s will needed to be witnessed by two witnesses present together at the same time in the deceased’s presence when the deceased signed his will.

[5] The deceased died before there could be further arrangements for him to have his will signed and witnessed by two witnesses together.

[6] The beneficiaries of the deceased’s will are his five daughters, who all consent to Mr Govan’s application, to have the deceased’s will to be declared a valid will.

[7] I am satisfied that the will of the deceased dated 23 June 2017, expresses the deceased’s testamentary intentions. I declare that the Will dated 23 June 2017, is a valid will, despite the fact that the two witnesses to the will were not present at the same time, in the deceased’s presence, when the deceased signed his will.

Cull J

Solicitors:

Patel Nand Legal