Validating an Invalid Will
Many people are aware that in order to create a valid will a number of formal legal requirements must be met: A valid will must be in writing and must be witnessed in a particular way, by two witnesses.
Previously, these relatively common situations may have resulted in an intended beneficiary being deprived of an inheritance; or possibly a beneficiary receiving an inheritance under an outdated will. Impact of the Wills Act 2007The Wills Act 2007 introduced important changes that allow a Court, in certain situations, to validate documents that appear to be a will or that record the testamentary intentions of the deceased.
What is required to have a Court validate a document as a will?In order for a Court to validate a document as a will, it is necessary to make an application to the High Court under Section 14 of the Wills Act 2007. Applications of this nature are not uncommon and if made properly are often successful.
Helpfully, the Courts have developed a relatively straightforward procedure to assist with the speedy and efficient determination of these applications in Court:
How we can help
For advice about whether the Court may validate a document as a will, contact Caroline Harris or Sarah Sussman. For creating a new valid will or making changes to your existing will, contact Kelly Seabourne. [1] Re Estate of Wong [2014] NZHC 2554
DisclaimerThe information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances. All rights reserved © Jackson Russell 2016 |
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