Public Trustee v Permanent Trustee Company Limited [2003] NSWSC 556

Public Trustee v Permanent Trustee Company Limited [2003] NSWSC 556

The will contained a misdescription of the property intended to be given; Mrs Rintoul's actual intention was to gift her home at 366 Ocean Beach Road, Umina to Mrs Langmaid, but the will mistakenly described the beneficiary's address. Sufficient evidence established the deceased's intention and the opportunity for error due to language and circumstances. Rectification and leave to amend were thus granted.

Jurisdiction
Australia
Judgment Date
27 June 2003
Procedural Posture
Probate Proceedings / Application for Rectification of Will and Leave to Amend Cross Claim
Outcome
Leave granted to amend cross-claim; rectification of will ordered; probate to be brought into court for noting; parties' costs to be paid out of the estate.
Legal Topics
['rectification of Will' 'mistaken Description of Property' 'leave to Amend Out of Time']
['wills and Probate' 'equity'] ['rectification of Will' 'mistaken Description of Property' 'leave to Amend Out of Time']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings / Application for Rectification of Will and Leave to Amend Cross Claim

Legal Issues

  1. 1 ['Whether the will contained a misdescription of property' 'Whether rectification of the will should be ordered' 'Whether leave to bring a claim out of time should be granted']

Ratio Decidendi

The will contained a misdescription of the property intended to be given; Mrs Rintoul's actual intention was to gift her home at 366 Ocean Beach Road, Umina to Mrs Langmaid, but the will mistakenly described the beneficiary's address. Sufficient evidence established the deceased's intention and the opportunity for error due to language and circumstances. Rectification and leave to amend were thus granted.

Court Disposition

Leave granted to amend cross-claim; rectification of will ordered; probate to be brought into court for noting; parties' costs to be paid out of the estate.

Orders

  • ['Leave granted to amend cross-claim' "Will of Meh Tiap Rintoul rectified by substituting '366 Ocean Beach Road, Umina, NSW 2257' for 'No 24 Harriet Street, West End, QLD Brisbane' in paragraph 3" 'Probate of the will to be brought into Court for noting rectification' "Parties' costs on an indemnity basis to be paid...