Estate of Katipa [2022] NZHC 3413 (15 December 2022)

Last Updated: 16 February 2023

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-2308 [2022] NZHC 3413

UNDER	Part 19 of the High Court Rules and s 14 of the Wills Act 2007
IN THE MATTER	of an application for orders declaring a will valid, and granting letters of administration in the estate of John-Henry Katipa
IN THE MATTER	of an application by NICOLA KIM NEWMAN Applicant

Judgment: (On the papers)

15 December 2022

JUDGMENT OF BREWER J

This judgment was delivered by me on 15 December 2022 at 11 am pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Ewart & Ewart (Auckland) for Applicant

Estate of Katipa [2022] NZHC 3413 [15 December 2022]

[1] Mr John-Henry Katipa committed suicide on or about 1 April 2022. He left a note obviously made in contemplation of his suicide which, amidst expressions of endearment and regret, bequeathed to family members various items of personal property. He left his KiwiSaver account to his wife, Nicola Kim Newman.

[2] Mr Katipa’s estate is modest. By far the greatest part is the KiwiSaver account.

[3] Ms Newman now applies without notice for orders declaring the note to be Mr Katipa’s valid Will and for related orders.

[4] I have read the application, counsel’s memorandum and Ms Newman’s affidavit sworn on 6 December 2022. I note that Mr Katipa has two surviving daughters who have given their consent to the application.

[5] I am satisfied that the note appears to be a Will; it does not comply with s 11 of the Wills Act 2007 (it is unsigned and unwitnessed); and it came into existence in New Zealand.

[6] I am satisfied that the note expresses Mr Katipa’s testamentary intentions.

[7] I am further satisfied that the note does not specify how the residue of Mr Katipa’s estate should be distributed.

[8] Finally, I am satisfied that it is appropriate for the application to be determined without notice and on the papers. Although Mr Katipa’s parents are still alive, his surviving daughters have, as noted, consented to the application and, given the modest size of the estate, there is nothing to be gained from requiring notice to be given to the parents. Ms Newman has deposed that, as Mr Katipa’s wife, she has no knowledge of any antecedent Will.

[9] I make the following orders:

(a) The note prepared by Mr Katipa, and found with his body, is declared a valid Will.

(b) The residue of Mr Katipa’s estate is to be distributed in accordance with the rules of intestacy set out in the Administration Act 1969.

(c) The applicant, Ms Newman, is granted letters of administration in respect of Mr Katipa’s estate to administer the estate in accordance with the above orders.

(d) The actual and reasonable costs of this application are to be paid out of the deceased’s estate.

Brewer J