ESTATE OF WILMA OLIVE FINLAY [2018] NZHC 2906

ESTATE OF WILMA OLIVE FINLAY [2018] NZHC 2906

The Court was satisfied on the affidavit evidence that the error was clerical and that the amended page set out in the application reflected the testator's intention, and therefore ordered correction of the will pursuant to s 31 of the Wills Act 2007.

Citation
[2018] NZHC 2906
Parties
Deceased: Estate of Wilma Olive Finlay
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 November 2018
Procedural Posture
Application to Correct Will Under S 31 Wills Act 2007 / Judgment on Application
Outcome
Application granted
Legal Topics
Clerical Error, Correction of Will, Wills Act S 31
Wills and Estates Succession Clerical Error Correction of Will Wills Act S 31

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Parties

Estate of Wilma Olive Finlay

Deceased

Procedural Posture

Application to Correct Will Under S 31 Wills Act 2007 / Judgment on Application

Legal Issues

  1. 1 Whether a clerical error occurred in the will
  2. 2 Whether s 31 of the Wills Act 2007 permits correction to give effect to the testator's intention
  3. 3 Whether the proposed amendment reflects the testator's true intention

Ratio Decidendi

The Court was satisfied on the affidavit evidence that the error was clerical and that the amended page set out in the application reflected the testator's intention, and therefore ordered correction of the will pursuant to s 31 of the Wills Act 2007.

Court Disposition

Application granted

Orders

  • Pursuant to s 31 of the Wills Act 2007 the second page of the will is to be replaced with the replacement page set out at paragraph (1)(b) of the Amended Originating Application for Order Correcting Will dated 30 October 2018.