The applicant sought rectification of a will after the drafting solicitor inadvertently failed to include a bequest of the testator’s residence to the applicant despite receiving explicit instructions to do so.
Evidence included affidavits from the applicant and the drafting solicitor confirming the omission resulted from clerical error during the preparation of the final will.
The court reviewed the equitable doctrine of rectification and the circumstances in which courts may correct drafting mistakes where the testator’s instructions were not implemented.
Relying on Ontario authorities permitting rectification where solicitor error prevents a will from reflecting the testator’s intention, the court found the omission clearly established and unchallenged.
The will was rectified to include the bequest of the residence to the applicant.
