29 Apr 2013
RE RIDDICK (DECEASED)HC NWP CIV-2013-443-14
- Citation
- openlaw-8a854b39_b5ba_467d_9cdc_050685403ec6.pdf
- Court
- High Court
The Court was satisfied on the evidence of prior wills, contemporaneous instructions and internal terms of the will (clause 11) that the will as drafted did not give effect to the will‑maker's intention to gift the remainder to his surviving children with substitution for grandchildren; further, the only affected persons had consented so the without‑notice procedure was proper; accordingly the Court ordered correction under s31 to insert clauses providing distribution to surviving children and substitution to grandchildren.