Drafting Errors

Question 1

Omissions

Answer 1

When some crucial provisions or words are missing from the will and if court doesn’t fill in blanks intestacy will result

Question 2

Re Craig

Answer 2

-Strict less followed approach

Facts: provided for lots of scenarios but failed to provide for if she survived her husband. Left him everything, he died first and she didn’t make new will. Talked about it they both died together.

Ratio: court refused to say she wanted common accident people to get it

Question 3

Central and Nova Scotia Trust Co v Freeman

Answer 3

Facts: gave a life estate to wife but did not name remainder person. Provided substitutes if wife died before him or 30 days after.

Ratio: Reasonable Inference Test: Where it is clear on the face of a will that T has not accurately, or completely, expressed his meaning by the words he has used, and it is also clear what words he has omitted, those words may be supplied to effectuate the intention as collected from the context.
-Look at whole will to determine context

Question 4

Drafting Errors

Answer 4

The court of construction has power to “rectify” errors contained in a will if the error is apparent, and the actual intention of T is clear.