9 Aug 2023
ROBERTS v OLDHAM [2023] NZHC 2106
- Citation
- [2023] NZHC 2106
- Court
- High Court
The document satisfied the substantive requirements of s11 despite an incomplete attestation clause and thus is a valid will; however it contained a clerical/drafting error leaving Clause 2 incomplete and thereby failing to give effect to the will‑maker's clear testamentary intention that the residuary estate (real and personal property) be distributed equally between Jacqueline Delys Roberts and Simon Garry Oldham and that Roberts be appointed executor; the will is therefore corrected under s31 to reflect those intentions.