25 May 2021
COMINS v THE PUBLIC TRUST [2021] NZHC 1172
- Citation
- [2021] NZHC 1172
- Court
- High Court
The Court found on the facts that the 2003 transfer was legally a gift (an advance on inheritance) but that the testator's expressed testamentary intention was to account for that advance on the distribution of his residuary estate; applying Wills Act 2007 s32 and surrounding circumstances the Court construed clause 5.1 of the 2016 will to refer to the $50,000 advance and ordered that the $50,000 be set off against the plaintiff's share of the residuary estate; the plaintiff's declaratory relief was dismissed.