Re Gillies - [1991] 1 NZLR 760

Wills — Construction — Conditional codicil "in the event that at the time of my death I remain separated" - Testator and wife had been separated but resumed cohabitation 15 days before testator's death — On the day of his death they had a major argument — Whether they remained separated at the time of his death — Whether there had been an effective reconciliation — Whether a second separation had occurred — Whether codicil was intended to apply to any later separation.

Wills — Probate — Conditional codicil "in the event that at the time of my death I remain separated" - Resumption of cohabitation 15 days before testator's death — Whether codicil should be admitted to probate as representing testator's last valid testamentary instrument irrespective of its effect — Whether executor of will should be regarded as executor of codicil.