Estate of Ngaire Hirau West [2015] NZHC 1273

Estate of Ngaire Hirau West [2015] NZHC 1273

The will did not carry out the will-maker's intentions because a clerical drafting error caused clause 7 to include Māori land interests which the will-maker had expressly excluded; accordingly, under s 31 of the Wills Act 2007 the Court must correct clause 7 by substituting wording excluding any interests in Māori...

Source-derived case information.

Citation
[2015] NZHC 1273
Parties
Applicant/executor: Public Trust; Deceased/will Maker: Ngaire Hirau West; Named Residuary Beneficiary (son): Hamua Pounamu Jade West; Named Residuary Beneficiary (granddaughter): Ngawai Cerese West; Named Residuary Beneficiary (granddaughter): Daina Mihaka; Daughter in Law/handled Māori Land Matters: Janet Hartley-West
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 June 2015
Procedural Posture
Application Under S 31 Wills Act 2007 to Correct a Will / Hearing and Judgment on Application (oral Judgment)
Outcome
Application granted
Legal Topics
Will Correction, Clerical Error in Will, Interpretation of Will Maker's Intention, Section 31 Wills Act 2007
Wills and Estates Succession Law Māori Land Will Correction Clerical Error in Will Interpretation of Will Maker's Intention Section 31 Wills Act 2007

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Parties

Public Trust

Applicant/executor

Ngaire Hirau West

Deceased/will Maker

Hamua Pounamu Jade West

Named Residuary Beneficiary (son)

Ngawai Cerese West

Named Residuary Beneficiary (granddaughter)

Daina Mihaka

Named Residuary Beneficiary (granddaughter)

Janet Hartley-West

Daughter in Law/handled Māori Land Matters

Procedural Posture

Application Under S 31 Wills Act 2007 to Correct a Will / Hearing and Judgment on Application (oral Judgment)

Legal Issues

  1. 1 Whether clause 7 of the will contains a clerical error
  2. 2 Whether the will fails to give effect to the will-maker's instructions regarding Māori land interests
  3. 3 Whether the Court should exercise its s 31 power to correct the will

Ratio Decidendi

The will did not carry out the will-maker's intentions because a clerical drafting error caused clause 7 to include Māori land interests which the will-maker had expressly excluded; accordingly, under s 31 of the Wills Act 2007 the Court must correct clause 7 by substituting wording excluding any interests in Māori land from the residuary estate.

Court Disposition

Application granted

Orders

  • Clause 7 of the will as signed is deleted and the following clause is substituted: '7. Gift of residue I GIVE –my residuary estate (other than any interests in Māori land which I may have at the time of my death) to be divided equally among my son HAMUA POUNAMU JADE WEST and my granddaughters NGAWAI CERESE WEST and...
  • No issue as to costs.