27Court may rectify a will

27 Court may rectify a will

27 Court may rectify a will

(cf WPA 29A)

(1) The Court may make an order to rectify a will to carry out the intentions of the testator, if the Court is satisfied the 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.

(2) A person who wishes to make an application for an order under this section must apply to the Court within 12 months after the date of the death of the testator.

(3) However, the Court may, at any time, extend the period of time for making an application specified in subsection (2) if—

(a) the Court considers it necessary, and

(b) the final distribution of the estate has not been made.

s 27: Am 2008 No 75, Sch 1 [8].