Warren David LAING [2013] NZHC 2900

Warren David LAING [2013] NZHC 2900

Evidence (affidavit of drafter, stated instructions, and support from affected parties) established that the occurrences of the word 'husband' in clauses 2(b) and 3 were clerical errors and the intended word was 'wife', so the court ordered correction under s 31 Wills Act 2007 to give effect to the testator's intention.

Citation
[2013] NZHC 2900
Parties
Deceased: Warren David Laing; Applicant/executor: Andrew Greig Jeffs; Applicant/executor: Bronwen Sheryl Howes
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 November 2013
Procedural Posture
Application Under the Wills Act 2007 for Correction of a Will (s 31) / On the Papers; Application for Court Order Correcting Clerical Errors
Outcome
Order made correcting clerical errors in the Will under s 31 of the Wills Act 2007
Legal Topics
Clerical Error Correction, S 31 Wills Act 2007, Construction of Wills, Rectification
Wills and Estates Probate Civil Procedure Clerical Error Correction S 31 Wills Act 2007 Construction of Wills Rectification

Case Brief

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Parties

Warren David Laing

Deceased

Andrew Greig Jeffs

Applicant/executor

Bronwen Sheryl Howes

Applicant/executor

Procedural Posture

Application Under the Wills Act 2007 for Correction of a Will (s 31) / On the Papers; Application for Court Order Correcting Clerical Errors

Legal Issues

  1. 1 Whether clerical errors in the Will can be corrected under s 31 of the Wills Act 2007
  2. 2 Whether evidence establishes the words 'husband' were clerical mistakes and the intended word was 'wife'
  3. 3 Whether the proposed amendments give effect to the testator's intentions without altering substantive dispositions

Ratio Decidendi

Evidence (affidavit of drafter, stated instructions, and support from affected parties) established that the occurrences of the word 'husband' in clauses 2(b) and 3 were clerical errors and the intended word was 'wife', so the court ordered correction under s 31 Wills Act 2007 to give effect to the testator's intention.

Court Disposition

Order made correcting clerical errors in the Will under s 31 of the Wills Act 2007

Orders

  • Replace the word 'husband' in clause 2(b) with the word 'wife'
  • Replace the word 'husband' in clause 3 with the word 'wife'