18 Oct 2017
WILSON v DAVIDSON [2017] NZCA 468
- Citation
- [2017] NZCA 468
- Court
- Court of Appeal
The Court held that, while the plain words did not alone establish the gift of contractual occupation rights, s32 permitted extrinsic evidence of surrounding circumstances which established the testatrix intended to give the benefit of her occupation right (including the termination payment) to the named beneficiary; alternatively s31 permitted rectification by amending clause 3(a) to specify the interest in the occupation right agreement including proceeds; appeal dismissed.