The applicant estate trustee sought to rectify the deceased's secondary will, which dealt solely with her house.
Due to a drafting error by the solicitor, the secondary will omitted a residue clause and duplicated bequests made in the primary will, which would have resulted in a partial intestacy benefiting estranged children.
The estranged children opposed the application, arguing the will should be interpreted as written.
The court found that the drafting solicitor made a clerical error that did not reflect the testator's intentions, and ordered the will rectified to include the residue clause and remove the duplicated bequests.
