Will of Griffen

[2021] NZHC 2515

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2021-485-530

[2021] NZHC 2515

IN THE MATTER	of Section 31 of the Wills Act 2007
AND
IN THE MATTER	of an application by David Andrew Griffen, of Paihia, Caretaker-Manager, and Dennis John McBrearty of Paihia, solicitor, for an order correcting the will of the deceased Peggie June Griffen, formerly of Paihia, Deceased

On the papers
Counsel:	J G A Day and H S Azimi for Applicants
Judgment:	24 September 2021

JUDGMENT OF SIMON FRANCE J

[1]This is an application to correct a will.

[2]        A gift in the will contains a Paihia residential address, but the accompanying legal description is for an Auckland address. The testator owned both properties.

[3]        Evidence has been filed that makes plain the correct property is the Paihia property, and the legal description was entered in error.

Orders

(a)The application need not be served on any other person;

Re Will of Peggie June Griffen [2021] NZHC 2515 [24 September 2021]

(b)Pursuant to s 31 of the Wills Act 2007 the last will of Peggie June Griffen is amended by altering the legal description in cl 3.3 to match the residential description, as set out in 1.b of the application.

Simon France J

Solicitors:

Law North, Kerikeri for Applicants