A High Court order was needed to correct one word in a will which would otherwise remove financial benefits for his widow.
Lawyers acting for Ian Stewart Malcolm Condie were instructed to draft a will leaving the balance of his estate to his former school, Robert Gordon’s College in Aberdeen, Scotland. There was one important proviso. His wife May was to be allowed unrestricted access during her lifetime to his investment portfolio held with NZ Financial Planning. Robert Gordon’s College was to get only what was left unspent after her death.
The will, as signed, did not achieve this aim.
A key phrase which should have stated the School received the balance remaining after May’s death, instead saw him leaving to the School what was held in his investment portfolio after my death. The gift to the School operated immediately on his death. His widow had no right to draw down from his investment assets.
After Mr Condie died, lawyers acting for the Estate wrote to Robert Gordon’s School in Scotland explaining what had happened, getting the School’s support for the will’s correction.
Justice Osborne used a provision in the Wills Act to amend the will, replacing the word my with May. This better gave effect to Mr Condie’s wishes, Justice Osborne said.
re Estate Ian Condie – High Court (5.02.24)
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