16 Feb 2010
IN THE ESTATE OF TREHEY HC NAP CIV 2009-441-899
- Citation
- openlaw-02a8e4b9_0bb4_4a0a_a320_d23305426e6b.pdf
- Court
- Unknown Court
Clause 2.1 did not give effect to the testator's intention because it failed to provide a mechanism to determine which partner of the firm was to act as executor; under s 31 Wills Act 2007 the Court may correct the will by substituting language that identifies the executors as Michael Peter Moody together with the partners of Carlile Dowling at the date of death and expresses the wish that one partner alone prove the will and act initially, thereby removing the uncertainty and giving effect to the testator's intention.