27 Oct 2010
The appointment clause was prima facie void for uncertainty but the solicitor's affidavit established the testatrix's intention such that s31(1)(b) authorises correction; accordingly the court ordered amendment of clause 2.1 to reflect the testatrix's intentions.
30 Apr 2010
The application to correct the will under s 31 of the Wills Act 2007 was allowed because the clause contained an obvious clerical error inconsistent with the testatrix's intention, the only potentially affected parties had consented, and the interests of justice permitted the application to be dealt with without notice under r 7.46; the will was corrected by substituting "to my husband Dylan James Smart" for the erroneous words.
27 Oct 2009
s14 validation was unavailable because of the timing of execution and death and the Act's restrictions; the Court had no jurisdiction to treat the husband's-signed document as the wife's will, but under s31 the Court could correct the document actually signed by the deceased to reflect her testamentary intentions; the appropriate corrections were to swap the names and replace the phrase 'my said wife' with 'my said husband'; probate was adjourned pending compliance with Part 27 High Court Rules.