Davis Estate – Application of May [2010] NSWSC 989

Davis Estate – Application of May [2010] NSWSC 989

It was established beyond doubt from the solicitor's affidavit that a typographical error caused the will of Mary Juletta Davis not to reflect her actual intention. The will is to be rectified by deleting the duplicate reference to Justin Davis, thus dividing the estate into six shares as originally intended.

Jurisdiction
Australia
Judgment Date
30 August 2010
Procedural Posture
Application for Rectification of a Will / Ex Tempore Judgment
Outcome
Will rectified.
Legal Topics
['rectification of Will']
['succession Law'] ['rectification of Will']

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Procedural Posture

Application for Rectification of a Will / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the will of Mary Juletta Davis should be rectified under s 27 of the Succession Act 2006 (NSW) to accord with the intention of the deceased']

Ratio Decidendi

It was established beyond doubt from the solicitor's affidavit that a typographical error caused the will of Mary Juletta Davis not to reflect her actual intention. The will is to be rectified by deleting the duplicate reference to Justin Davis, thus dividing the estate into six shares as originally intended.

Court Disposition

Will rectified.

Orders

  • ['Orders made in accordance with the Short Minutes of Order dated 30 August 2010.']