IN THE ESTATE OF JOHN WENTWORTH VARLEY DECEASED; IN THE ESTATE OF JACQUES JOHAN VELDHUIS

The parties involved in this case are the estates of John Wentworth Varley and Jacques Johan Veldhuis, deceased. The dispute concerns the rectification of wills, specifically where the testator left two wills, one concerning property in England and the other intended solely for property in Australia. The Australian will, however, was not drafted in a manner that was independent of the English will, thereby not reflecting the testator's intention that it should only relate to Australian property. The case was heard in a relevant Australian court.

The primary legal issues the court had to decide were whether the Australian will could be rectified to align with the testator’s intention and whether the appointment of the executor could be clarified to remove any uncertainty. The testator had intended for his solicitor to act as executor or, failing that, for one of his partners to take on the role. However, the will was expressed in an alternative manner that led to uncertainty, causing the application for probate to be rejected.

The court found that the Australian will could indeed be rectified to reflect the testator's intention that it should only cover Australian property. Additionally, the will was rectified to clarify the appointment of the executor, ensuring that it was no longer expressed in an alternative manner that created uncertainty. The court determined that the testator’s intent was to have his solicitor act as executor, with a partner as an alternative if the solicitor was unable to fulfil the role.

As a result of the court's decision, the Australian will was rectified to ensure it only related to property in Australia, and the appointment of the executor was clarified to remove the previously existing uncertainty. These rectifications were intended to faithfully reflect the testator's true intentions.