The Scope of the Validation Power in the Wills Act 2007

The power in s 14 of the Wills Act 2007 to validate wills that do not comply with the formal requirements for executing a valid will has been used in over 40 cases since the Act came into force. This article analyses the jurisdictional requirements in depth and evaluates the use of the validation power through the cases. A comparison is made with the dispensing power in Australia, which was the impetus for the New Zealand provision. A slight difference in wording in the New Zealand provision allowed for a more liberal application of the power. The authors' analysis of the cases reveals that the courts have embraced the wider power to give full effect to its remedial purpose. New Zealand's validation jurisdiction thus has the potential to go well beyond its Australian counterpart in giving effect to testamentary intentions.