Victorian Reports - Authoritative Law Reports Since 1870

RE ESTATE OF MOORE

|Harris J

77 VR 311

RE ESTATE OF MOORE Supreme Court of VictoriaHarris J 22 July, 19, 26 August 2025[2025] VSC 527Wills and codicils — Rectification — Testator gave oral instructions to solicitor charged with preparing will — Oral instructions reflected testator’s anterior mistake — Whether will carried out intentions of testator — Whether will failed to give effect to testator’s instructions — Whether clerical error — Wills Act 1997 (Vic), s 31(1).

Section 31(1) of the Wills Act 1997 (Vic) empowered the Court to rectify a will to carry out a testator’s intentions if the Court were satisfied that the will did not carry out a testator’s intentions either because a clerical error was made or because the will did not give effect to the testator’s instructions.

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