Fawcett v Crompton

The case of Fawcett v Crompton involved a dispute over the validity of a will executed by the deceased, who had French nationality and an estate in both France and Australia. The primary issue before the court was whether the deceased's Australian wills, which omitted to mention his French estate, were intended to revoke his earlier French will. The court had to determine if the deceased's intention was to dispose of his entire estate, including his residuary estate, and whether there was sufficient cause for the failure to apply for rectification of the will within the 18-month statutory period following the testator's death.

The court considered the deceased's overall intentions and the circumstances surrounding the execution of the wills. It held that the deceased did not intend to revoke his French will through his Australian wills and that the omission of the French estate was an oversight. The court found that the deceased intended to dispose of his entire estate, including his residuary estate, and that there was sufficient cause for the delay in applying for rectification. The court granted the application for rectification, allowing the wills to be interpreted in a manner that reflected the deceased's true intentions.

The court's reasoning was based on the deceased's overall estate planning and the absence of any evidence suggesting that he intended to revoke his French will. The court held that the failure to include the French estate in the Australian wills was a mistake and that the deceased's intention was to dispose of his entire estate. The court also found that the delay in applying for rectification was justified by the circumstances of the case, including the deceased's absence from Australia at the time of his death and the complexity of his estate. The final orders of the court included the rectification of the wills to reflect the deceased's true intentions, allowing for the distribution of his entire estate, including his French assets.