The appellant estate appealed the dismissal of an application to rectify a will that lacked a residue clause.
The testator and her life partner had wills drafted by the same lawyer, but the testator's will omitted a residue clause, resulting in the residue passing on intestacy to her brother.
The application judge found that while the omission was an error, the evidence of the testator's intention was not so strong that no other contrary intention could be supposed, particularly given the lack of evidence from the drafting solicitor.
The Court of Appeal found no palpable and overriding error in the application judge's assessment of the evidence and dismissed the appeal.
