ESTATE OF CHIANG [2014] NZHC 6

ESTATE OF CHIANG [2014] NZHC 6

The will contained an omission of the residuary disposition which, on the evidence of the testator's expressed intention and the surrounding circumstances, was an error or oversight; accordingly the Court corrected the will under s31(2) of the Wills Act 2007 to give effect to that intention and dispensed with service because the estate was modest and there were no interested parties who objected.

Citation
[2014] NZHC 6
Parties
Deceased/will Maker: Su-Yun Chiang; Applicant/executor and Trustee: Ms Chow; Co Executor and Trustee: Unnamed co-executor/trustee; Beneficiary: Za Choeje Rinpoche
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 January 2014
Procedural Posture
Application Under S31 of the Wills Act 2007 / Judgment on the Papers
Outcome
Application granted: will corrected under s31(2) of the Wills Act 2007 and service of the application dispensed with.
Legal Topics
Rectification/correction of Wills, Dispensing With Service of Process, Testator's Intention
Wills and Estates Probate Trusts Rectification/correction of Wills Dispensing With Service of Process Testator's Intention

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Parties

Su-Yun Chiang

Deceased/will Maker

Ms Chow

Applicant/executor and Trustee

Unnamed co-executor/trustee

Co Executor and Trustee

Za Choeje Rinpoche

Beneficiary

Procedural Posture

Application Under S31 of the Wills Act 2007 / Judgment on the Papers

Legal Issues

  1. 1 Whether the will should be corrected under s31(2) of the Wills Act 2007 to reflect the testator's intention
  2. 2 Whether omission of a residuary disposition was an error or oversight
  3. 3 Whether service of the application was required or could be dispensed with

Ratio Decidendi

The will contained an omission of the residuary disposition which, on the evidence of the testator's expressed intention and the surrounding circumstances, was an error or oversight; accordingly the Court corrected the will under s31(2) of the Wills Act 2007 to give effect to that intention and dispensed with service because the estate was modest and there were no interested parties who objected.

Court Disposition

Application granted: will corrected under s31(2) of the Wills Act 2007 and service of the application dispensed with.

Orders

  • Service of the application is dispensed with.
  • The last will of Su-Yun Chiang dated 13 June 2013 is corrected by adding paragraph 3 directing distribution of the residuary estate to Za Choeje Rinpoche of the United States of America at the Auckland and United States addresses specified in the order.