Estate of VN Martick HC AK CIV-2012-404-6509

Estate of VN Martick HC AK CIV-2012-404-6509

Evidence demonstrated the codicil's clerical omission conflicted with the deceased's clear intention to appoint two named solicitors as executors; accordingly the court corrected the will under s 31(1)(a) Wills Act 2007 and granted probate to those executors.

Citation
openlaw-1f3d1c83_3152_44e4_814f_8f7aeb5f7a5a.pdf
Parties
Willmaker / Deceased: Victor Nelson Martick; Appointed Executor and Trustee: John Leonard Sieprath; Appointed Executor and Trustee: Thomas George Nelson Parker; Solicitor for Applicant: PT O'Halloran
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 January 2013
Procedural Posture
Probate and Will Correction Application / Application for Correction of Will and Grant of Probate Under S 31(1)(a) Wills Act 2007
Outcome
Will corrected under s 31(1)(a) Wills Act 2007; probate granted to the named executors
Legal Topics
Will Correction, Rectification, Grant of Probate, Wills Act 2007 S 31(1)(a)
Wills and Estates Probate Succession Will Correction Rectification Grant of Probate Wills Act 2007 S 31(1)(a)

Case Brief

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Parties

Victor Nelson Martick

Willmaker / Deceased

John Leonard Sieprath

Appointed Executor and Trustee

Thomas George Nelson Parker

Appointed Executor and Trustee

PT O'Halloran

Solicitor for Applicant

Procedural Posture

Probate and Will Correction Application / Application for Correction of Will and Grant of Probate Under S 31(1)(a) Wills Act 2007

Legal Issues

  1. 1 Whether a clerical error in the codicil should be corrected to give effect to the deceased's intentions
  2. 2 Whether probate should be granted to the named executors despite the codicil's omission

Ratio Decidendi

Evidence demonstrated the codicil's clerical omission conflicted with the deceased's clear intention to appoint two named solicitors as executors; accordingly the court corrected the will under s 31(1)(a) Wills Act 2007 and granted probate to those executors.

Court Disposition

Will corrected under s 31(1)(a) Wills Act 2007; probate granted to the named executors

Orders

  • The will of Victor Nelson Martick is corrected to provide that the executors and trustees are John Leonard Sieprath and Thomas George Nelson Parker, both of Papakura, solicitors
  • Probate of the will is granted to John Leonard Sieprath and Thomas George Nelson Parker