Huszar (Re Estate of) [1999] NSWSC 388

Huszar (Re Estate of) [1999] NSWSC 388

The testator intended that his estate be divided equally among the beneficiaries listed, but there was a mathematical error in the calculation of shares. Rectification is warranted to ensure the testator's intention is carried out, by replacing '92' with '83' as the denominator for the shares. Sufficient cause has been shown for the delay in application.

Jurisdiction
Australia
Judgment Date
21 April 1999
Procedural Posture
Probate / Application for Rectification of Will
Outcome
Application for rectification granted.
Legal Topics
['wills' 'rectification' 'mathematical Miscalculation of Shares']
['succession Law'] ['wills' 'rectification' 'mathematical Miscalculation of Shares']

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Procedural Posture

Probate / Application for Rectification of Will

Legal Issues

  1. 1 ['Whether the will should be rectified due to mathematical miscalculation of shares' 'Whether sufficient cause exists for extension of the time limit for rectification application']

Ratio Decidendi

The testator intended that his estate be divided equally among the beneficiaries listed, but there was a mathematical error in the calculation of shares. Rectification is warranted to ensure the testator's intention is carried out, by replacing '92' with '83' as the denominator for the shares. Sufficient cause has been shown for the delay in application.

Court Disposition

Application for rectification granted.

Orders

  • ['Orders 1 and 2 as asked in the summons granted.' 'Costs of the application assessed at $650 to be paid out of the estate to the plaintiff.']