The Estate Trustee applied to rectify a drafting error in the deceased's Secondary Will.
The will mistakenly directed the redemption of 150 Class D shares to fund a $2 million bequest, but the deceased owned Class E shares, and 300 shares were required to generate the necessary after-tax proceeds.
The drafting solicitor admitted the error.
The deceased's widow opposed the rectification, arguing it should await the trial of her separate negligence claim against the solicitor.
The court applied the Robinson test, found the solicitor misunderstood or failed to carry out the testator's instructions, and granted the rectification to reflect the deceased's true intentions.
