31 Jan 2018
RE ESTATE OF JACKSON [2018] NZHC 30
- Citation
- [2018] NZHC 30
- Court
- High Court
Where a will contains a clerical error that prevents it carrying out the testator's clearly discernible testamentary intentions, the High Court may correct the wording using external evidence; here the clause mistakenly referenced the deceased wife (who predeceased the will) instead of the son, and correction to substitute 'my said son predeceasing me' is warranted to give effect to the testator's intention.