Estate of Bellamy

[2025] NZHC 1658

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2025-404-1376

[2025] NZHC 1658

IN THE ESTATE

of ESTELLE DORIS ANNE BELLAMY

UNDER

Section 31 of the Wills Act 2007

AND

IN THE MATTER

of an application by NICHOLAS DAVID BELLAMY, BELINDA JOSEPHINE

BELLAMY and BRODY RADFORD
as executors of the Estate of the late
ESTELLE DORIS ANNE BELLAMY

Applicants

Hearing:	On the papers
Counsel:	N J Craig for applicants
Date of judgment:	19 June 2025

JUDGMENT OF JAGOSE J

This judgment was delivered by me on 19 June 2025 at 3.30pm.

Pursuant to Rule 11.5 of the High Court Rules.

………………………… Registrar/Deputy Registrar

Solicitors:

Davenports West Lawyers, Auckland

RE ESTATE OF ESTELLE DORIS ANNE BELLAMY [2025] NZHC 1658 [19 June 2025]

[1]As duty judge, I have a 12 June 2025 application for an order correcting a will.

[2]                The applicants are the children of Estelle Doris Anne Bellamy, who died on 30 November 2024. I offer the Court’s condolence to her survivors.

[3]                Ms Bellamy had sought to change her will from its appointment of Public Trust as executor and trustee of her estate to that of her children. Regrettably the change was made to a will dated 8 June 2007, cancelled by her final will dated 28 July 2009. Both documents otherwise are identical in content, originally appointing Public Trust as executor and trustee, except the latter will also included a trustee power of investment.

[4]                 Wills stand to be rectified under the Wills Act 2007. Relevantly here, if I am satisfied “the will does not carry out the will-maker’s intention because it … contains a clerical error or … does not give effect to the will-maker’s instructions”, I may make “an order correcting the will to carry out the will-maker’s intentions”.1 My “overriding objective is to give effect to the intentions of the testator”.2

[5]                I am satisfied by the affidavit evidence Ms Bellamy’s intention was to substitute her children for Public Trust as executors and trustees of her will. I also am satisfied the will does not carry out her intention because of a clerical error in attempting to amend the cancelled will, such not giving effect to her instructions.

[6]                Under s 31(1) of the Wills Act 2007, I therefore correct Ms Bellamy’s 28 July 2009 will to substitute Nicholas David Bellamy, Belinda Josephine Bellamy and Brody Radford (named Bodhi Forest Radford in the will) for Public Trust at cl 2 as executor and trustee of her will.

—Jagose J

1      Wills Act 2007, s 31.

2      Wilson v Davidson [2017] NZCA 468 at [10], citing Re Jensen [1992] 2 NZLR 506 (HC) at 510.