10 Mar 2009
IN THE ESTATE OF MANSFIELD HC AK CIV-2008-404-7115
- Citation
- openlaw-d029e6d6_1aee_4369_a1ea_006fa3556e65.pdf
- Court
- Unknown Court
s32 could not be used because the surrounding circumstances at execution did not identify which two partners the testator intended and s32(4) bars use of the will‑maker's testamentary intentions as surrounding circumstances; however admissible evidence (solicitor's affidavit and notes) established with sufficient certainty that the testator intended the firm Wynyard Wood to be executor and s31(1)(b) authorised correction of the codicil to give effect to that intention, so the codicil was corrected to appoint the partners of Wynyard Wood at the date of death as executors.
- Will construction
- Correction of wills
- External evidence
- Appointment of executors
- Wills act 2007 ss31 and 32