New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Variation/rectification of will
  • 26 Aug 2009

    CODLING V TUALA HC AK CIV 2008-404-4325

    Citation
    openlaw-b563f54b_828b_43e0_8a99_d78397ec6b33.pdf
    Court
    High Court

    Because clause 3 of the 25 January 2006 Will did not refer to all intended beneficiaries and the parties agreed a remedial outcome, the court revoked the original grant of probate, declared clause 3 invalid to the extent it omitted intended residual beneficiaries, ordered the Will be amended to include the named beneficiaries, re-granted probate of the amended Will to the same executors, and ordered the estate to pay agreed costs to the applicant with executors entitled to reasonable costs out of the estate.