What if something is put in the will by mistake?

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  • the Supreme Court will not grant probate on a will which was not fully known and approved by the testator.
  • due execution of a will (signing it in front of witnesses) raises a presumption that the testator knew and approved of its contents
  • probate may still be granted of the will but excluding parts that were included because of fraud, mistake or inadvertence
  • the terms of a will can be ‘rectified’ by the Supreme Court if it is satisfied on evidence that there is a mistake.

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