South Australian Current Acts South Australian Current Acts22—Rectification of will by order of Court
(1) If the Court is
satisfied that a will does not accurately reflect the testamentary intentions
of a deceased person, the Court may order that the will be rectified so as to
give proper expression to those intentions.
(2) Subject to this
section, an application for an order under
subsection (1) (a "rectification order") must be made within
6 months after the grant of probate or administration.
(3) The Court may,
after hearing such of the persons affected as the Court thinks necessary,
extend the time for making an application for a rectification order.
(4) An extension of
time to make an application may be granted—
(a) on
such conditions as the Court thinks fit; and
(b)
whether or not the time for making an application for a rectification order
has expired.
(5) An application for
extension of time under this section must be made before the final
distribution of the estate.
(6) Any distribution
of any part of the estate made before the application for extension of time
must not be disturbed by reason of that application or any order made on the
application.
(7) An application for
a rectification order is to be taken to be made on the day on which the
originating process by which it is commenced is filed in the Court.
(8) A copy of an
application for a rectification order must be served on all parties to the
proceedings—
(a)
within 1 month after the proceedings are commenced; or
(b)
within such longer period as the Court may allow.
(9) If the Court makes
a rectification order, the Court must direct that a certified copy of the
order be made on the probate of the will, or letters of administration of the
estate, of the deceased person (and for that purpose the Court may require the
production of the grant of probate or administration).
(10) Nothing in this
section affects the operation of section 29 of the Trustee Act 1936
.