27 Mar 2023
DUDDING v THOMAS [2023] NZHC 634
- Citation
- [2023] NZHC 634
- Court
- High Court
On the balance of probabilities the Court accepted the credible, consistent evidence of the solicitor (Mansfield) that the 10 August 2020 draft will reflected Jennifer's testamentary intentions and there was no reliable evidence of subsequent change of mind or incapacity; accordingly the draft will was validated under s14. As to Peter's will, extrinsic evidence established a clerical/drafting error in clause 9(b) and the testator's intention was that if his wife predeceased him his entire estate should vest in his children (with Brent's issue taking his share); the Court therefore interpreted…