The case consolidates the principles for rectification of wills under s 29A of the Wills, Probate and Administration Act 1898 (NSW), confirming that the court must be satisfied both that the will fails to carry out the testator's intentions and what the testator actually intended, with clear and convincing proof required given the gravity of altering a formally executed will. The standard of proof remains the balance of probabilities under s 140 of the Evidence Act 1995, but the gravity factors in s 140(2) require careful evaluation of the evidence. The word 'lapse' in a will may be construed in a wider sense than its strict technical meaning where context requires.
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