Validation under s 14 of the Wills Act : past, present and future

Ekaratne, S. C. ORCID: https://orcid.org/0000-0003-3899-4322 (2017) Validation under s 14 of the Wills Act : past, present and future. New Zealand family law journal, 9 (2). pp. 23-32. ISSN 1746-8019

Abstract/Summary

Concerns Section 14 of the Wills Act 2007, which allows the High Court to validate as a will a document that does not meet the formal will-making requirements of signing and witnessing. Describes the requirements of s 14 and some of the main types of documents that have been validated under that section. Offers a numerical analysis of recent s 14 applications which follows and builds on previous numerical analyses by commentators and courts. Identifies and analyses recent non-validation decisions, classifying the reasons for non-validation into five main categories. Considers the impact of technological developments, including social media, on the options for expressing testamentary wishes, and explores the potential future reach of s 14 in this context.