28 Jan 2022
Re Estate of ROBYN MARGARET ANDREWS [2022] NZHC 51
- Citation
- [2022] NZHC 51
- Court
- High Court
The will was interpreted in context to give effect to the testator's clear intention of equal and fair distribution; the terms 'loans' and 'amount outstanding' operate as an accounting mechanism (proxy for inter vivos gifts) that requires advances to Stephen and associated entities to be brought to account when calculating distributions notwithstanding his bankruptcy discharge; correction under s31 was unnecessary where interpretation achieved the testator's intent; costs awarded to Trustees without Calderbank uplift because refusal was reasonable at the time.