New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Testator intention

Legal area

Court

3 Dec 2020

PLATT v TAYLOR [2020] NZHC 3186

Citation

[2020] NZHC 3186
Court

High Court

The court held that the insurance payment deposited into the deceased's NZCU Baywide account remained identifiable as the proceeds of the life insurance policy because the funds were not expended, comprised the bulk of the account, and were only minimally commingled; therefore the proceeds had not adeemed and $251,129.32 of the $254,358.26 are to be applied in accordance with clauses 5(iv) and 5(v) of the will to repay the testator's one-half share of the home loan and any surplus distributed to the named charities.
30 Jul 2020

ROBINSON v ROBINSON [2020] NZHC 1878

Citation

[2020] NZHC 1878
Court

High Court

The will was interpreted under s32 and corrected under s31 to mean the executors are to hold the St Heliers property on trust for the purpose of providing financial security for the named survivors because no family trust existed and that construction best gives effect to the testator's intentions.
12 Apr 2016

Bonnington [2016] NZHC 653

Citation

[2016] NZHC 653
Court

High Court

The court was satisfied on the solicitor's uncontested evidence that clause 4 contained a clerical error (the word 'wife' instead of 'husband'), that this error prevented the will from carrying out the testatrix's intention, and that an order substituting 'husband' for 'wife' under s 31 Wills Act 2007 was necessary and appropriate to give effect to her intentions.