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Mistake in a Will

Sometimes following the death of a testator, the Will is read and an error is found. In Queensland, the court has power to rectify a Wil so as to carry out the testator’s intentions, providing the error is clerical in nature and the Will does not otherwise give effect to the testator’s intentions.

In such circumstances an application to the court needs to be made within 6 months of the testator’s death. This time limit can be extended in certain circumstances.