9 May 2017
Where the Court is satisfied on the evidence that a will does not carry out the will-maker's intentions because of a clerical error or failure to give effect to instructions, and interested parties consent, the Court will correct the will under s31 to reflect the expressed intentions (here, replacing clause 4 with the specified bequests and removing the named beneficiary).
27 Oct 2010
The appointment clause was prima facie void for uncertainty but the solicitor's affidavit established the testatrix's intention such that s31(1)(b) authorises correction; accordingly the court ordered amendment of clause 2.1 to reflect the testatrix's intentions.
27 Oct 2009
s14 validation was unavailable because of the timing of execution and death and the Act's restrictions; the Court had no jurisdiction to treat the husband's-signed document as the wife's will, but under s31 the Court could correct the document actually signed by the deceased to reflect her testamentary intentions; the appropriate corrections were to swap the names and replace the phrase 'my said wife' with 'my said husband'; probate was adjourned pending compliance with Part 27 High Court Rules.