1Under s 12A(2) of the Wills Act 1968 (ACT), a will may be rectified to give effect to the testator's probable intention where the testator did not fully appreciate the legal effect of a clause — here, the probate consequences of appointing a 'literary executor' as a separate executor over part of the estate, including the burden of separate administration relative to the modest value of the literary estate.
2The appointment of a 'literary executor' by will may have the legal effect of creating a separate executorship over a class of property, requiring separate administration and accounting, even where the testator intended only an informal administrative role.
3Extrinsic evidence under s 12B of the Wills Act 1968 (ACT), including evidence of the testator's discussions with a beneficiary, is admissible to establish ambiguity or uncertainty in the will and the testator's probable intention.
Case Details
Citation[2026] ACTSC 288
CourtACTSC
JurisdictionAustralian Capital Territory
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