Proper construction of a will is a necessary precondition to the exercise of the rectification power under s 31(1) of the Wills Act 1997 (Vic); rectification does not 'obviate the need for interpretation or construction of the document'. Where a solicitor's contemporaneous diary notes of instructions are inconsistent with a subsequently prepared record, the contemporaneous notes will carry greater weight. Clear and convincing proof of the testator's actual intentions is required for rectification, and the evidence of the solicitor receiving instructions, while carrying great weight, is not automatically determinative.
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