CONTINUATION OF SU 11

Question 1

5. LEGAL PREUMPTIONS

Answer 1

employed to determine the meaning of certain words the testator used in his will.

Question 2

Variation of wills

Answer 2

General rule: courts do not vary wills capable of being carried out.
Jewish Colonial Trust Ltd v Estate

Question 3

RECTIFICATION OF WILLS: HOW?

Answer 3

-by correcting clerical mistakes or typing errors
-by inserting words
-by deleting words

Question 4

The court:

Answer 4

-must be satisfied on a balance of probabilities that the words used do not reflect the intention of the testator
-evidence should be given to show his or her true intention.