When applying to rectify a will under s25AA of the Wills Act 1936 (SA), the relevant date for determining the testator's intention is the date the will was made. Evidence of the testator's instructions to the solicitor is the primary means of proving testamentary intention, and the Briginshaw standard applies given the seriousness of contradicting a signed will. The en ventre sa mère rule in Elliot v Joicey is not displaced by a 28-day survivorship clause. Rectification is not a means of re-drawing a will to accord with what others believe to be a just and equitable distribution; it serves only to make the will accord with the proved intention of the testator.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
1 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.