Estate of Honetana [2022] NZHC 3424 (15 December 2022)

Last Updated: 20 December 2022

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2022-488-83 [2022] NZHC 3424

IN THE ESTATE

of KITTY VALINDA HONETANA Deceased

Judgment: (On the papers)

15 December 2022

JUDGMENT OF BREWER J

This judgment was delivered by me on 15 December 2022 at 2 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Marsden Woods Inskip Smith (Whangarei) for Applicant

Estate of Honetana [2022] NZHC 3424 [15 December 2022]

• [1] Ms Haka Paula Polly Crystal Bristow applies without notice for an order declaring a document to be a valid Will.

• [2] The deceased, Mrs Kitty Valinda Honetana, died on 21 August 2022. Her health deteriorated suddenly.

• [3] The document that the applicant seeks to have declared a valid Will is a draft Will prepared by the deceased’s lawyers reflecting instructions given to them by the deceased on 7 July 2022.

• [4] The lawyers subsequently provided the draft Will to the deceased who was happy with it. On 17 August 2022, the deceased telephoned her lawyers to say she would call in to sign the Will document the following day. The deceased did not keep the appointment, and the inference is that this was due to her rapidly deteriorating health.

• [5] The deceased was a widow. The only people who might have an interest in her estate, other than the applicant who was the deceased’s sister, are the deceased’s three adult daughters. All have consented to the application.

• [6] The estate is modest. It is estimated to be valued at no more than $100,000.

• [7] Under these circumstances, I consider that there is no point in directing service of the application.

• [8] My jurisdiction is governed by s 14 of the Wills Act 2007. In terms of that provision, I am satisfied:

(a) the document appears to be a Will; and

(b) it does not comply with s 11 of the Wills Act 2007 (it has not been signed or witnessed); and

(c) it came into existence in New Zealand.

• [9] I am satisfied that the document expresses the testamentary intentions of Kitty Valinda Honetana.

• [10] I make the following orders:

(a) Leave is granted for the application to be made without notice.

(b) The unsigned document, a copy of which is annexed as Exhibit B to the affidavit of Haka Paula Polly Crystal Bristow sworn on 19 October 2022, is declared valid as the last Will of Kitty Valinda Honetana.

(c) The actual and reasonable costs of the application may be paid from the assets of the deceased’s estate.

Brewer J