18 Oct 2013
Re Robertson (deceased) [2013] NZHC 2723
- Citation
- [2013] NZHC 2723
- Court
- High Court
The will, as executed, did not give effect to the testator's intentions because his instructions (as he understood them and as the solicitor understood them) were incorrectly recorded; the incorrect recording and consequent drafting error amounted to a clerical error and/or failure to give effect to instructions within s 31, so the court ordered rectification to replace the words in clause 3(b) to reflect the testator's intention that the principal residence be distributed in accordance with cl 4(c)(ii) as if his wife had not survived him.