Fischer v Foreman

In the case of Fischer v Foreman, the plaintiff, Fischer, sought to have a will rectified to reflect the deceased's true intentions. The deceased, Foreman, had a previous will but later destroyed it under the mistaken belief that it would cause an earlier will to be revived. The court was tasked with determining whether the will could be rectified to reflect the deceased's true intentions and whether the court should permit the plaintiff to administer the estate under the rectified will. The court considered whether the deceased's actions in destroying the will were a mistake and whether the true intentions of the deceased could be ascertained from the remaining evidence.

The court identified several key issues, including whether the deceased's mistake in destroying the will amounted to a unilateral mistake that could be rectified. The court also considered whether the destruction of the will was an operative mistake that affected the validity of the will or a clerical error that could be corrected through rectification. Additionally, the court had to determine whether the deceased's actions in destroying the will were intentional and whether the court should permit the plaintiff to administer the estate under the rectified will.

The court found that the deceased's actions in destroying the will were a unilateral mistake that could be rectified. The court held that the deceased's mistake was not an operative mistake that affected the validity of the will, but rather a clerical error that could be corrected through rectification. The court also found that the deceased's actions in destroying the will were not intentional and that the true intentions of the deceased could be ascertained from the remaining evidence. The court therefore granted the plaintiff's application for rectification and permitted the plaintiff to administer the estate under the rectified will.

The court ordered that the will be rectified to reflect the deceased's true intentions and that the plaintiff be granted letters of administration under the rectified will. The court also ordered that the defendant pay the costs of the application. The court's decision provides guidance on the circumstances in which a will may be rectified and the factors that the court will consider in determining whether to permit the administration of an estate under a rectified will.