Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 33

Court may rectify a will

33 Court may rectify a will

(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) An application for an order to rectify a will may only be made within 6 months after the date of death of the testator.
(3) However, the court may, at any time, extend the time for making an application under subsection (2) if—
(a) the court considers it appropriate; and
(b) the final distribution of the estate has not been made.
(4) If the court makes an order to rectify a will, the court may direct that a certified copy of the order be attached to the will.
(5) If the court gives a direction under subsection (4) , the court must hold the will until the certified copy is attached to it.



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