Gostomski Estate; Application of Jones [2009] NSWSC 549

Gostomski Estate; Application of Jones [2009] NSWSC 549

The testator intended that if Mr Jones predeceased him, Mrs Jones should receive the whole estate; omission of a provision to that effect was a mistake. Rectification is granted to give effect to this intention.

Jurisdiction
Australia
Judgment Date
15 June 2009
Procedural Posture
Application for Rectification of Will / Judgment
Outcome
Will rectified.
Legal Topics
['wills' 'rectification of Wills']
['succession Law'] ['wills' 'rectification of Wills']

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

Application for Rectification of Will / Judgment

Legal Issues

  1. 1 ['Whether evidence justifies inference that testator intended at will execution to provide a gift over to surviving spouse; whether intention miscarried by mistake']

Ratio Decidendi

The testator intended that if Mr Jones predeceased him, Mrs Jones should receive the whole estate; omission of a provision to that effect was a mistake. Rectification is granted to give effect to this intention.

Court Disposition

Will rectified.

Orders

  • ['Order in terms of paragraph 1 of the Amended Summons, rectifying the will as stated.']