9 Jun 2016
WILSON & ORS v DAVIDSON [2016] NZHC 1238
- Citation
- [2016] NZHC 1238
- Court
- High Court
The Court held that the phrase "my house unit at Chatsford" must be interpreted as encompassing the deceased's interest under the occupation right agreement, including the termination payment and compensation for improvements, thereby giving effect to the testatrix's clear intention to benefit Robert Rutter; alternatively, if that interpretation were wrong, rectification under s31 Wills Act 2007 was available to correct a clerical/drafting error to reflect the testatrix's instructions.