The court considered the timing of the wills and the enduring nature of the couple's relationship
The High Court has upheld the validity of a 2001 will, ruling that it was made in contemplation of the will-maker's 2007 marriage.
This decision affirmed that the deceased’s estate, including his primary asset—a residential property in Hastings—will be distributed according to his original intentions.
Mark Watson and Esther Vrieze were in a de facto relationship when they signed their wills in October 2001. Both wills appointed the other as executor and beneficiary, reflecting their shared intent to provide for each other and their children. Watson’s will included a provision for his stepson Tobias, alongside his biological children. When the couple married six years later, they did not update their wills, unaware that marriage usually revokes prior wills under section 18(1) of the Wills Act.
Following Watson’s death, Vrieze applied to the court for a declaration confirming the validity of the will. She argued that it met an exception under section 18(3) of the Wills Act, which preserves a will if it was made in contemplation of the specific marriage that subsequently took place. The High Court, in assessing the evidence, determined that the will was indeed made in contemplation of the marriage. The court pointed to the timing of the wills, the enduring nature of the couple's relationship, and the inclusion of provisions for Vrieze’s child from a previous relationship as clear indications of this intent.
The court also considered the lack of opposition from Watson’s adult children, all of whom consented to the application. This consensus, combined with evidence that neither party realized the impact of their marriage on the validity of their wills, supported the finding that the 2001 will reflected Watson’s enduring intentions.
Ultimately, the court declared the will valid under section 18(3) and directed Vrieze to apply for probate in common form, simplifying the process for administering the estate. The court noted that the application for probate should be filed in the Wellington Registry and appended with the judgment to facilitate processing.
