Estate of Finlay

[2018] NZHC 2906

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-485-852 [2018] NZHC 2906

IN THE MATTER OF

AND

Section 31 of the Wills Act 2007

IN THE MATTER OF

the Estate of WILMA OLIVE FINLAY

Hearing:	On the papers
Appearances:	P G Ellice
Judgment:	9 November 2018

JUDGMENT OF GRICE J

(Application for correction of will pursuant to s 31 of Wills Act)

[1]      The deceased died on 30 June 2017.  Her last will was dated 22 December

2016.  It has been discovered there was a clerical error in that the second page of the will had been taken out of her husband’s will.   It appears from the affidavit of Mrs Kellaway, who prepared the will and was present at its execution, that the mistake occurred when administrative staff put the will together before it was executed.

[2]      The clerical mistake is set out in the correct version of the will at (1)(b) of the

Amended Originating Application for Order Correcting Will dated 30 October 2018.

[3]      I am satisfied, based on the affidavit of Mrs Kellaway, that the error was a clerical error and that the will as sought to be amended in the originating application reflects the correct version of the will, that should have been signed.

ESTATE OF WILMA OLIVE FINLAY [2018] NZHC 2906 [9 November 2018]

[4]      Accordingly, pursuant to s 31 of the Wills Act, I order a correction to the will to carry out the will maker’s intention by replacement of the second page with the replacement page set out at paragraph (1)(b) of the Amended Originating Application

for Order Correcting Will.

Grice J

Solicitors:

Ellice Tanner Hart Limited, Hamilton