Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband’s will under the informal will provisions of the NSW Act (their equivalent of Qld’s s18).
Held – That effect may be given to testamentary intentions of a deceased either by admission of the document to probate as an informal will, or by rectification of the document.
Older cases had doubted whether the rectification power could be used in these circumstances.
Read Re Johnson here.