Will of BRUCE EDWARD MacGREGOR [2018] NZHC 353

Will of BRUCE EDWARD MacGREGOR [2018] NZHC 353

The Court was satisfied on the preparer's affidavit that the Will did not carry out the deceased's intentions due to clerical transposition errors; accordingly the Court exercised its s31 Wills Act 2007 power to correct the Will by replacing the incorrect words in clauses 3 and 4(b) to reflect the deceased's intention to gift to his wife with the specified gift over.

Citation
[2018] NZHC 353
Parties
Applicant; Executor and Trustee of the Will: Jannette Ann MacGregor; Deceased: Estate of Bruce Edward MacGregor (deceased)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 March 2018
Procedural Posture
Application Under Section 31 Wills Act 2007 to Correct Clerical Error in a Will / Ex Parte Application Heard on the Papers; Judgment Granting Correction
Outcome
Application granted; Will corrected under s31 Wills Act 2007
Legal Topics
Clerical Error in Will, Correction of Wills, Section 31 Wills Act 2007, Mutual Wills, Ex Parte Procedure
Wills and Estates Succession Law Civil Procedure Clerical Error in Will Correction of Wills Section 31 Wills Act 2007 Mutual Wills Ex Parte Procedure

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Parties

Jannette Ann MacGregor

Applicant; Executor and Trustee of the Will

Estate of Bruce Edward MacGregor (deceased)

Deceased

Procedural Posture

Application Under Section 31 Wills Act 2007 to Correct Clerical Error in a Will / Ex Parte Application Heard on the Papers; Judgment Granting Correction

Legal Issues

  1. 1 Whether the will contains clerical errors that prevent it carrying out the will-maker's intentions
  2. 2 Whether the High Court may correct the will under s 31 of the Wills Act 2007
  3. 3 Whether the application may be dealt with on an ex parte basis because no other person is affected

Ratio Decidendi

The Court was satisfied on the preparer's affidavit that the Will did not carry out the deceased's intentions due to clerical transposition errors; accordingly the Court exercised its s31 Wills Act 2007 power to correct the Will by replacing the incorrect words in clauses 3 and 4(b) to reflect the deceased's intention to gift to his wife with the specified gift over.

Court Disposition

Application granted; Will corrected under s31 Wills Act 2007

Orders

  • Delete from paragraph 3 of the Will the words "my husband" and replace with "my wife"
  • Delete from paragraph 4(b) of the Will the words "for my husband Bruce Edward MacGreogor but should he die" and replace with "for my wife Jannette Ann MacGregory but should she die"