17 Feb 2020
JUDD & ANOR v COWLEY [2020] NZHC 184
- Citation
- [2020] NZHC 184
- Court
- High Court
The trust deed contained operative mistakes: it omitted the settlor as a discretionary beneficiary, failed to restrict 'children' to natural born children and issue, and omitted contingent nephews; contemporaneous solicitor file notes, the settlor's memorandum of wishes and the settlor's transfers of property constituted convincing evidence of her intentions; the mistakes were causative and of sufficient gravity to justify rectification; accordingly the court exercised its discretion to order rectification to give effect to the settlor's intentions but declined to include the nephews because…