New Zealand Case Law: Decisions & Judgments | LexChat

Topic

High court rules r7.46

Legal area

Court

23 Mar 2012

RE MCKEAY (DECEASED) HC WANG CIV-2011-483-119

Citation

openlaw-9da4a887_8840_4a2f_a3c8_1fc5888fb81a.pdf
Court

High Court

The court was satisfied on the evidence (electoral roll, affidavits and consent) that the name inserted in clause 3.2 was a clerical error and that the interests of justice permitted determination without notice; accordingly rectification under s31 Wills Act 2007 was ordered to substitute Lorraine Claire Williams for Loraini Tagavira Williams.
22 Jul 2009

BROWN (DECEASESD) HC PMN CIV-2009-454-000154

Citation

openlaw-d5237af8_3abf_4187_9d77_b536dfb2928c.pdf
Court

High Court

Evidence from the husband, the solicitor and the typist and the testatrix's will checklist established that clause 2 omitted by clerical error the gift of the whole estate to the husband and his appointment as executor; under s 31 the court was satisfied correction was necessary to give effect to the testatrix's intention and the application could be heard without notice under r 7.46(3)(e) because the mistake was obvious and any opposition would be unarguable.