WABY [2018] NZHC 2832

WABY [2018] NZHC 2832

The Court corrected the will because the document and background circumstances clearly demonstrated that the phrase 'my said father' was an error and that the testator intended his son to be the residuary beneficiary; section 31 Wills Act 2007 authorises such correction to give effect to that intention.

Citation
[2018] NZHC 2832
Parties
Applicant/beneficiary: John Waby; Deceased: William John Waby
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 November 2018
Procedural Posture
Will Correction Under Wills Act 2007 S31 / Hearing on Papers; Judgment
Outcome
Will corrected under section 31 of the Wills Act 2007
Legal Topics
Rectification, Correction of Will, Mistake, Section 31 Wills Act 2007
Wills and Estates Trusts Succession Civil Procedure Rectification Correction of Will Mistake Section 31 Wills Act 2007

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 1 Amounts and remedies 2
Sign in to unlock

Parties

John Waby

Applicant/beneficiary

William John Waby

Deceased

Procedural Posture

Will Correction Under Wills Act 2007 S31 / Hearing on Papers; Judgment

Legal Issues

  1. 1 Whether clause in the will contains a clerical/clerical-type error substituting 'my said father' for the intended 'my said son'
  2. 2 Whether section 31 of the Wills Act 2007 authorises correction of the will to reflect the testator's intention
  3. 3 Whether surrounding circumstances and documentary evidence establish the testator's intention

Ratio Decidendi

The Court corrected the will because the document and background circumstances clearly demonstrated that the phrase 'my said father' was an error and that the testator intended his son to be the residuary beneficiary; section 31 Wills Act 2007 authorises such correction to give effect to that intention.

Court Disposition

Will corrected under section 31 of the Wills Act 2007

Orders

  • In clause 6 of the will, second line, the expression "my said father" is corrected to read "my said son"