11 Mar 2020
IN RE ESTATE OF KAMO [2020] NZHC 474
- Citation
- [2020] NZHC 474
- Court
- High Court
The court held s32 was inapt because words were omitted rather than ambiguous; s31 permits correction where a will does not reflect the will-maker's instructions; evidence of the drafter's notes established that the testator did not intend to restrict the scholarship to income only; correcting clause 3(b) to permit use of capital and income was necessary to avoid a perpetuities failure and to give effect to the testator's intentions.