4 Nov 2015
MARFELL & MARFELL v MARFELL [2015] NZHC 2714
- Citation
- [2015] NZHC 2714
- Court
- High Court
A clear drafting error was established and the prior will and surrounding text demonstrated the testator's intention to include both income and capital for the residuary beneficiaries; with their consent and pursuant to s 31 Wills Act 2007 the court was empowered to correct the will by inserting 'and capital' after 'income' in clause 5.1.