Div 2Rectification of wills

Division 2—Rectification of wills 22—Rectification of will by order of Court (1) If the Court is satisfied that a will does not accurately reflect the testamentary intentions of a deceased person, the Court may order that the will be rectified so as to give proper expression to those intentions. (2) Subject to this section, an application for an order under subsection (1) (a rectification order) must be made within 6 months after the grant of probate or administration. (3) The Court may, after hearing such of the persons affected as the Court thinks necessary, extend the time for making an application for a rectification order. (4) An extension of time to make an application may be granted— (a) on such conditions as the Court thinks fit; and (b) whether or not the time for making an application for a rectification order has expired. (5) An application for extension of time under this section must be made before the final distribution of the estate. (6) Any distribution of any part of the estate made before the application for extension of time must not be disturbed by reason of that application or any order made on the application. (7) An application for a rectification order is to be taken to be made on the day on which the originating process by which it is commenced is filed in the Court. (8) A copy of an application for a rectification order must be served on all parties to the proceedings— (a) within 1 month after the proceedings are commenced; or (b) within such longer period as the Court may allow. (9) If the Court makes a rectification order, the Court must direct that a certified copy of the order be made on the probate of the will, or letters of administration of the estate, of the deceased person (and for that purpose the Court may require the production of the grant of probate or administration). (10) Nothing in this section affects the operation of section 29 of the Trustee Act 1936.