New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of testamentary intention

Legal area

Court

9 Apr 2018

RE DEW [2018] NZHC 624

Citation

[2018] NZHC 624
Court

High Court

The court found it was inexpedient to carry out the existing charitable purpose because the trust's income materially exceeded the needs of the Waimea West Church and parish boundaries changed after parish amalgamation; the proposed variation closely followed the settlor's wishes to apply surplus funds for Catholic church upkeep; Attorney‑General consent and procedural requirements were satisfied; the application therefore met s32(1) and s56(1) criteria and the scheme was approved; the court refused to delete the cottage maintenance provision because the testator intended perpetual maintenanc…
4 Feb 2013

ESTATE OF JEAN GARNER HC CHCH CIV-2012-409-002794

Citation

openlaw-1c525bb0_606b_4f51_8e9e_89fbd3c93fbc.pdf
Court

High Court

The will contained a clerical error: clause 3.2 erroneously described the residue as 'twenty one (21)' parts while the enumerated dispositions totalled twenty parts; the evidence (solicitor's affidavit and conduct of the testator) established the testator's intention was twenty parts and a correction under s 31 was warranted; the court ordered deletion of 'twenty one (21)' and replacement with 'twenty (20)' and directed the registrar to consider probate of the corrected will.