RE the Estate of KIM [2022] NZHC 676

RE the Estate of KIM [2022] NZHC 676

The Court was satisfied the Korean handwritten documents and envelopes, taken together, expressed the deceased's testamentary intentions and accordingly validated them as a codicil under s14; because the Will did not reflect those intentions the Court corrected the Will under s31, deleting Clauses 3 and 4 and substituting provisions appointing Shaun McGivern trustee and implementing the specified monetary allocations and residue distribution.

Citation
[2022] NZHC 676
Parties
Applicant (solicitor): Shaun Michael McGivern; Deceased: Moonja Kim aka Moon Ja Kim; Named Executor (renounced): Joseph Boaz Park; Substituted Executor (renounced): Michael John Kidd; Beneficiary (daughter): Jee Young Min; Beneficiary (daughter): Jee Hoon Min
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 April 2022
Procedural Posture
Will Validation and Correction (wills Act 2007) / High Court Judgment on Applications Under Ss 14 and 31
Outcome
Applications granted: documents validated as a codicil and Will corrected to give effect to the deceased's intentions
Legal Topics
Validation of Codicil Under S14, Correction/rectification of Will Under S31, Renunciation of Probate, Distribution of Estate Residue
Wills and Estates Probate Trusts Validation of Codicil Under S14 Correction/rectification of Will Under S31 Renunciation of Probate Distribution of Estate Residue

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Parties

Shaun Michael McGivern

Applicant (solicitor)

Moonja Kim aka Moon Ja Kim

Deceased

Joseph Boaz Park

Named Executor (renounced)

Michael John Kidd

Substituted Executor (renounced)

Jee Young Min

Beneficiary (daughter)

Jee Hoon Min

Beneficiary (daughter)

Procedural Posture

Will Validation and Correction (wills Act 2007) / High Court Judgment on Applications Under Ss 14 and 31

Legal Issues

  1. 1 Whether the handwritten Korean documents and envelopes expressed the deceased's testamentary intentions so as to be validated as a codicil under s14 Wills Act 2007
  2. 2 Whether the Will should be corrected under s31 Wills Act 2007 to give effect to those intentions

Ratio Decidendi

The Court was satisfied the Korean handwritten documents and envelopes, taken together, expressed the deceased's testamentary intentions and accordingly validated them as a codicil under s14; because the Will did not reflect those intentions the Court corrected the Will under s31, deleting Clauses 3 and 4 and substituting provisions appointing Shaun McGivern trustee and implementing the specified monetary allocations and residue distribution.

Court Disposition

Applications granted: documents validated as a codicil and Will corrected to give effect to the deceased's intentions

Orders

  • Under s14 Wills Act 2007: Korean Document One (dated 4 March 2020), Korean Document Two (undated), the Korean Envelope and the New Song Church envelope are validated and to be read in conjunction as a codicil to the deceased's Will.
  • Under s31 Wills Act 2007: Clause 3 of the Will dated 4 March 2020 is deleted.