20 Dec 2022
The 2009 will was properly executed and valid; the 2017 draft was neither validly executed nor reflective of the deceased's testamentary intentions at death, therefore probate in solemn form was granted for the 2009 will.
18 Jun 2021
The South African will contained an unqualified revocation clause which on its face revoked the earlier New Zealand will in full; the 27 November 2017 email did not constitute a valid codicil or satisfy s11 formalities and therefore could not revive or limit the revocation under s17; because the South African will was not ambiguous its plain language governs and extrinsic evidence (the email) could not be used to limit the revocation; the Registrar's refusal to grant probate of the New Zealand will limited to New Zealand assets was correct and the without‑notice review must be dismissed; any…
20 Sept 2019
The appeal was dismissed because the scope and effect of exclusion cl 13(a) could not be resolved on strike out; the clause's drafting and context rendered its application unclear and determination requires extrinsic and factual evidence at trial, so it was inappropriate to strike out the Council's claim.
31 Jan 2018
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.
6 Aug 2015
The clause was plain and unambiguous: a gift "takes effect" where the beneficiary is living at the testator's death and can be advanced to them; s 102 applies only if the gift has taken effect and cannot be used to render the prior gift ineffective; there was no evidence of instructions about bankruptcy to justify rectification under s 31, therefore the plaintiffs' applications fail.
29 Jul 2015
Leave to appeal was refused because the dispute concerns the interpretation of a narrowly tailored clause in a particular company's constitution with no wider public or commercial importance, existing Supreme Court authority adequately addresses the interpretive principles relied upon and no risk of miscarriage of justice was shown.
26 Jul 2010
The revocation clause in the Thai Will must be interpreted in light of the testator's intention and the instrument's terms; because the Thai Will explicitly applies to property in Thailand and instructs proceeds be transferred to the New Zealand trust, the revocation language is limited to Thai property and does not revoke the New Zealand Will as to property outside Thailand; accordingly probate of the New Zealand Will should be granted to the named executors.
28 Sept 2007
The certificates, read as a whole, expressed the security obligation as something to be provided in the future and did not clearly operate as immediate personal guarantees; the presumption that Summers signed only as director was not displaced by the documents or available extrinsic evidence, so Summers has a fairly arguable defence and summary judgment must be refused pending fuller factual inquiry.
30 May 2006
The phrase in question was ambiguous and extrinsic evidence of the factual background and negotiations is admissible to the extent it establishes mutually known facts and assists the objective interpretation; accordingly most of the plaintiff's factual evidence was allowed except for specific passages that amounted to inadmissible subjective intentions or irrelevant pre-contract negotiations, and leave to file amended defendant briefs was granted.