Application to rectify will under s 50(1) of the Wills Act 1970 (WA)
Exercise of discretion to rectify will which does not carry out testator's intentions because of a clerical error
Orders made for rectification of will
Quick Take
1Under s 50(1) of the Wills Act 1970 (WA), the court may rectify a will where it is satisfied the will does not carry out the testator's intentions because of a clerical error or failure to give effect to the testator's instructions.
2The evidence of the solicitor who received the testator's instructions carries significant weight and will often be determinative of the testator's actual intentions for the purposes of a rectification application.
3Where a solicitor's drafting error results in the will naming the testator herself as residuary beneficiary instead of the intended beneficiary, this constitutes a clerical error amenable to rectification under s 50(1)(a).
