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Testator's Intentions?

15/7/2013

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In Re Will of McCowen [2013] NSWSC 1000, Young JA considered the operation of section 27(1) of the Succession Act 2006 (NSW).  
Under that section, if the Court is satisfied that a will does not carry out the testator's intentions because (a) a clerical error was made, or (b) the will does not give effect to the testator's instructions, then the Court can make an order to rectify the will to carry out the intentions of the testator.  

Young JA found that there had been a ‘clerical error’ in the preparation of the will in this case. The more difficult question though was whether under section 27 the ‘clerical error’ had to be the sole or dominant cause of the error in the will. His honour held that the section should be liberally construed and that so long as the clerical error is ‘the principal reason as to why the will does not carry out the testator's intentions’, then section 27(1)(a) was satisfied.

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Testator's Intentions?

15/7/2013

0 Comments

 
In Re Will of McCowen [2013] NSWSC 1000, Young JA considered the operation of section 27(1) of the Succession Act 2006 (NSW).  
Under that section, if the Court is satisfied that a will does not carry out the testator's intentions because (a) a clerical error was made, or (b) the will does not give effect to the testator's instructions, then the Court can make an order to rectify the will to carry out the intentions of the testator.  

Young JA found that there had been a ‘clerical error’ in the preparation of the will in this case. The more difficult question though was whether under section 27 the ‘clerical error’ had to be the sole or dominant cause of the error in the will. His honour held that the section should be liberally construed and that so long as the clerical error is ‘the principal reason as to why the will does not carry out the testator's intentions’, then section 27(1)(a) was satisfied.

0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Archives

    February 2018
    January 2015
    November 2014
    October 2014
    March 2014
    January 2014
    November 2013
    October 2013
    August 2013
    July 2013

    Categories

    All
    Breach Of Contract
    Builder's Liability
    Construction Law
    Contracts
    Damages
    Debt Recovery
    Economic Loss
    Estate Litigation
    Family Provision
    Financial Advisor
    Financial Services
    High Court
    Information Technology
    Insurance
    Legal
    Legal Practice
    Legal Resources
    Litigation
    Misleading And Deceptive Conduct
    Negligence
    Power Of Attorney
    Product Liability
    Technology
    Torts
    Trusts
    Wills

    View my profile on LinkedIn