Constructing his will from a template downloaded from the internet led to Brownie Eruera Wilson’s supposed will being invalidated for failure to comply with the Wills Act, resulting in daughter Bronwyn no longer being disinherited.
The High Court was told Mr Wilson died in 2023, survived by his wife and four children.
Six years previously, one of their children convinced her parents it was important to have a will. Preliminary discussions with a firm of Te Puke lawyers petered out; potential legal costs meant the family decided instead to draft their own document.
The document signed by Mr Wilson stated his ownership of customary Maori land holdings was to pass to three of his four children, plus a grandson.
Daughter Bronwyn was specifically excluded; a consequence of allegations about abuse, leading to a split in the family, the High Court was told.
The supposed will did not comply with Wills Act formalities. It was signed by one witness only, not the required two.
Justice Mount declined to validate the document, as permitted by the Wills Act, if it were a document ‘expressing the deceased’s testamentary intentions.’
There was no copy of the original available, only a photocopy.
There were blank spaces in the document which could be read as being a draft only, with further detail yet to be included, Justice Mount said.
There was no evidence of what was discussed earlier with his lawyer; information which could provide useful information about Mr Wilson’s intentions.
Inheritance of Mr Wilson’s customary land will now be decided by the Maori Land Court. The general rule is that all children equally inherit customary Maori land on death of a parent.
Stokes v. Wilson-Hokianga – High Court (23.04.26)
26.142