22 Dec 2016
COLEMAN v CHALKLEN & OTHERS [2016] NZHC 3178
- Citation
- [2016] NZHC 3178
- Court
- High Court
The court could admit extrinsic evidence under the armchair principle to determine the testator's intention, the reference to "four nieces" was a false descriptive error which did not vitiate the gift, and consequently the court rectified clause 4(b) to identify the residuary beneficiaries as the four children of the testator's niece (Dawn Chalklen). S31 Wills Act 2007 was inapplicable as the testator died in 1988.