17 Feb 2021
The misnaming of the intended beneficiary constituted a failure to give effect to the will‑maker's intentions and s31 of the Wills Act 2007 authorises the court to correct the will to name the correct legal entity (The O'Conor Institute Trust Board); parties' agreement via a Deed of Family Arrangement supports granting the correction on the papers.
12 Apr 2016
The court was satisfied on the solicitor's uncontested evidence that clause 4 contained a clerical error (the word 'wife' instead of 'husband'), that this error prevented the will from carrying out the testatrix's intention, and that an order substituting 'husband' for 'wife' under s 31 Wills Act 2007 was necessary and appropriate to give effect to her intentions.
23 Mar 2012
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.
31 Jul 2008
Evidence established the codicil mistakenly referred to the 1996 will because the drafting solicitor was unaware a 2002 will existed and the testatrix had instructed amendments to her then current (2002) will; that mistake constituted both a clerical error and meant the codicil did not give effect to the testatrix's instructions within s31, so the Court ordered the codicil corrected to reflect the 2002 will and amended paragraph reference.