23 Mar 2018
The court declared the document to be the valid will under s 14 because the will filed for probate is the document the deceased intended to sign and it clearly expresses her testamentary intentions, even though she did not sign it, making validation under s 14 appropriate.
4 Nov 2013
Evidence (affidavit of drafter, stated instructions, and support from affected parties) established that the occurrences of the word 'husband' in clauses 2(b) and 3 were clerical errors and the intended word was 'wife', so the court ordered correction under s 31 Wills Act 2007 to give effect to the testator's intention.
4 Feb 2013
The will contained a clerical error: clause 3.2 erroneously described the residue as 'twenty one (21)' parts while the enumerated dispositions totalled twenty parts; the evidence (solicitor's affidavit and conduct of the testator) established the testator's intention was twenty parts and a correction under s 31 was warranted; the court ordered deletion of 'twenty one (21)' and replacement with 'twenty (20)' and directed the registrar to consider probate of the corrected will.
11 Jun 2012
The incorrect date on the sealed costs order was a clerical/administrative error capable of correction under r 11.10; the costs award itself was properly made under Part 14 on a 2B scale following determination and there was no basis to revisit or set aside that award, therefore the Registrar must reseal the costs order dated 1 September 2011 and no further relief is granted to the applicant.
3 Mar 2011
Section 31 applied because the will as executed contained clerical errors and did not fully reflect the testatrix's intentions; s14 did not apply because the will complied with s11 formalities; the Court corrected page 2 to reflect the intended provisions and granted probate in solemn form.