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In the matter of an application by Allanah Herman-Edgar [2021] CKHC 31; Probate 2 of 2021 (9 February 2021)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)


PROBATE No. 2/21


IN THE MATTER


of NGATAMARIKI HERMAN
MARIA EDGAR alias MARIA
NGATAMARIKI EDGAR
Deceased


AND


IN THE MATTER
of an application by
ALLANAH KERI HERMAN-EDGAR
the daughter of the Deceased
APPLICANT


DECISION OF DOHERTY J.


  1. The second affidavit of the Applicant sworn on 5 February 2021 and filed in response to the Court’s minute of 3 February 2021 (the second affidavit) discloses a Will of the Deceased executed on 4 July 2003. The Will appears on its face to be valid.
  2. The second affidavit also discloses the possibility of a later Will executed by the Deceased.
  3. The Deceased did not die intestate and there is no jurisdiction to make the orders sought.
  4. The Application is dismissed.

DATED 9 February 2021 (NZT)


DOHERTY J.


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