Western Australian Current Acts Western Australian Current Acts (1) The Court may make
an order rectifying a will to carry out the intentions of a deceased 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) Any application
for an order under this section must be made within 6 months after the death
of the testator.
(3) The Court may
extend the period of time for making an application, even if the original
period has expired, but not if the final distribution of the estate has been
made.
(4) A certified copy
of an order under this section must be attached to the original will and to
the probated copy of the will.
(5) Subject to
subsection (2), the power conferred by subsection (1) extends to the will of a
person who died before the commencement of section 24 of the Wills Amendment
Act 2007 .
[Section 50 inserted: No. 27 of 2007 s. 24.]