Northern Territory Consolidated Acts

WILLS ACT - SECT 27

27. Court may rectify will

(1) If the Court is satisfied that a will does not carry out the intentions of the testator because -

(a) a clerical error was made; or

(b) the will does not give effect to the testator's instructions,

the Court may make an order to rectify the will so it carries out the testator's intentions.

(2) A person who wishes to make an application for an order under this section must apply to the Court within 6 months after the date of the death of the testator.

(3) The Court may, subject to subsection (4), extend the time within which an application may be made if the Court thinks it is just.

(4) The Court may make an order extending the time for making the application either before or after the 6 month period referred to in subsection (2) expires but not if the final distribution of the estate has been made.

(5) A personal representative who makes a distribution to a beneficiary is not liable if -

(a) the distribution was made in accordance with section 55; or

(b) the distribution was made at least 6 months after the death of the testator and at the time of making the distribution the personal representative was not aware of any application in respect of the estate having been made for rectification or under the Family Provision Act .

(6) If the Court makes an order for rectification under this section, the Court -

(a) may direct that a certified copy of the order be attached to the will to which it applies; and

(b) if it makes a direction under paragraph (a) - must retain the will until the copy of the order is attached to it.