WILLS ACT 1997 - SECT 31 Can a will be rectified?

WILLS ACT 1997 - SECT 31

    (1)     The Court may make an order to rectify a will to carry out the intentions of the testator, if the Court is satisfied that the will does not carry out the testator's intentions because—

        (a)     a clerical error was made; or

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

    (2)     A person who wishes to make an application for an order under subsection (1) must apply to the Court within 6 months from the date of the grant of probate.

    (3)     The Court may extend the period of time for making an 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.

    (4)     If the personal representative makes a distribution to a beneficiary, the personal representative is not liable if—

        (a)     the distribution is made—

              (i)     to a person who is, at the date of the deceased's death, the spouse of the deceased; or

S. 31(4)(a)(ii) amended by No. 27/2001 s. 3(Sch. 1 item 14.4).

              (ii)     to the domestic partner or a child of the deceased—

and is made—

              (iii)     in good faith; and

              (iv)     for the purpose of providing for the maintenance, support or education of the person to whom it is made; or

        (b)     the distribution has been made—

S. 31(4)(b)(i) amended by No. 80/2014 s. 49.

              (i)     when the personal representative has not been aware of any application under this section or any application for a family provision order under Part IV of the Administration and Probate Act 1958 having been made; and

              (ii)     at least 6 months after the grant of probate.

S. 32 amended by No. 43/1998

s. 53.