10 Dec 2010
BENSTEAD (DECEASED) HC WHA CIV-2010-488-599
- Citation
- openlaw-dec7599c_274b_4eb2_84df_371cd2656308.pdf
- Court
- High Court
Clause 3 was void for uncertainty because it attempted to appoint an unspecified member of a category; however, given the remedial purpose of the Act, the absence of substantive rights being affected, and precedents, the Court may correct the will without service where interests of justice require, by substituting a clause naming the partners of Regent Law at the date of death and directing that one partner prove the will and act initially as trustee, to give effect to the testator's intention.