Estate of Aspasia Kandros

The deceased, Aspasia Kandros, left a Will that included a disposition of her property, which led to a dispute among her heirs. The dispute was brought before the Supreme Court of New South Wales, which had to determine the proper construction of the Will and whether it should be rectified. The court also had to decide on the partition of the property as specified in the Will. The central legal issues were the interpretation of the Will's language and whether the Will should be amended to reflect the deceased's true intentions. The court examined the principles of construction and rectification under the Succession Act 2006 (NSW) and the Probate and Administration Act 1898 (NSW).

The court found that the Will's language was ambiguous and did not clearly express the deceased's intentions regarding the property. It concluded that rectification was appropriate to correct the Will to align with the deceased's true intentions. The court emphasised the importance of ensuring that the Will accurately reflects the deceased's wishes, especially when the language used is unclear. In partitioning the property, the court considered the statutory requirements and ensured that the division was fair and equitable, reflecting the deceased's intent as closely as possible.

Ultimately, the court ordered the rectification of the Will to clarify the disposition of the property and directed the partition of the property in accordance with the rectified Will. The court's decision ensured that the property was distributed in a manner that best reflected the deceased's intentions, providing clarity and resolution to the dispute among her heirs.