NSW Trustee & Guardian, Application of [2010] NSWSC 778

NSW Trustee & Guardian, Application of [2010] NSWSC 778

The mistaken words describing Mowll Retirement Village were not intended to attach a condition to the gift and should be deleted so as to clarify the testator’s intention in accordance with s 29A of the Wills, Probate and Administration Act 1898 (NSW).

Jurisdiction
Australia
Judgment Date
12 July 2010
Procedural Posture
Probate (rectification of Will) / Ex Tempore Judgment; Application for Rectification of Will
Outcome
Application granted
Legal Topics
['rectification of Will' 'proof of Intention of Testator']
['wills and Estates' 'equity'] ['rectification of Will' 'proof of Intention of Testator']

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Procedural Posture

Probate (rectification of Will) / Ex Tempore Judgment; Application for Rectification of Will

Legal Issues

  1. 1 ['Whether rectification of the will by deleting mistaken words will clarify the testator’s intention']

Ratio Decidendi

The mistaken words describing Mowll Retirement Village were not intended to attach a condition to the gift and should be deleted so as to clarify the testator’s intention in accordance with s 29A of the Wills, Probate and Administration Act 1898 (NSW).

Court Disposition

Application granted

Orders

  • ["Will to be rectified by deletion of words '(part of MUIOOF Health Fund Organisation)' from the beneficiary description for Mowll Anglican Retirement Village" 'Orders in terms of paragraphs 1, 2, and 3 of the Summons']