Wills Act 2008

The Court may make an order to rectify a will to carry out the intentions of the testator if the Court is satisfied beyond reasonable doubt that the will does not carry out the testator's intentions because – a clerical error was made; or the will does not give effect to the testator's instructions.

A person who wishes to make an application for an order under this section must apply to the Court within 3 months after the date of the death of the testator.

The Court may extend the period of time for making the application if the Court thinks this is necessary, even if the original period of time has expired, but not if the final distribution of the estate has been made.

A personal representative who makes a distribution to a beneficiary is not liable if – the distribution is made under section 64; or the distribution is made – at a time when the personal representative was not aware of any application for rectification or any application having been made under the Testator's Family Maintenance Act 1912; and at least 3 months after the death of the testator.

The Court may direct that a certified copy of an order made under this section be attached to a will to which it applies and must, if it so directs, retain the will until the copy of the order is attached.