HALDANE v HALDANE [2015] NZHC 352

HALDANE v HALDANE [2015] NZHC 352

The court was satisfied on the balance of probabilities that the deceased's will failed to carry out her intentions due to clerical errors including an erroneous middle name and transposition of pages/clauses from her husband's mirror will; s 31 Wills Act 2007 authorises correction to give effect to testamentary intent, and the specified amendments and grant of probate were ordered.

Citation
[2015] NZHC 352
Parties
Plaintiff/executor/trustee: Kenneth Norman Haldane; Plaintiff/executor/trustee: Brett Allan Haldane; Interested Party/child of Deceased: Kylie Anne Gordon (nee Haldane); Interested Party/child of Deceased: Kurt Norman Haldane
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2015
Procedural Posture
Application Under Wills Act 2007 (rectification/correction) and Probate / Judgment on the Papers (default/unopposed)
Outcome
Orders granted under s 31 Wills Act 2007 to correct the deceased's will and grant probate to the plaintiffs
Legal Topics
Rectification of Wills, Clerical Error, Section 31 Wills Act 2007, Probate
Wills and Probate Succession Law Civil Procedure Rectification of Wills Clerical Error Section 31 Wills Act 2007 Probate

Case Brief

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Parties

Kenneth Norman Haldane

Plaintiff/executor/trustee

Brett Allan Haldane

Plaintiff/executor/trustee

Kylie Anne Gordon (nee Haldane)

Interested Party/child of Deceased

Kurt Norman Haldane

Interested Party/child of Deceased

Procedural Posture

Application Under Wills Act 2007 (rectification/correction) and Probate / Judgment on the Papers (default/unopposed)

Legal Issues

  1. 1 Whether the will failed to carry out the will-maker's intentions due to clerical errors and transposed pages
  2. 2 Whether s 31 Wills Act 2007 authorises correction of both simple clerical errors and substantive transposition errors to give effect to testamentary intent
  3. 3 Whether summary/default decision appropriate where all parties consent but solicitor's affidavit is absent

Ratio Decidendi

The court was satisfied on the balance of probabilities that the deceased's will failed to carry out her intentions due to clerical errors including an erroneous middle name and transposition of pages/clauses from her husband's mirror will; s 31 Wills Act 2007 authorises correction to give effect to testamentary intent, and the specified amendments and grant of probate were ordered.

Court Disposition

Orders granted under s 31 Wills Act 2007 to correct the deceased's will and grant probate to the plaintiffs

Orders

  • All references in the deceased's 2 December 1996 will to the middle name of the deceased are altered from "Anne" to "Ann"
  • Clause 6(a) of the deceased's will is deleted and substituted with: "(a) To pay the net annual income arising therefrom to my husband KENNETH NORMAN HALDANE so long as he remains my widower."