In the Estate of MICHAEL EDWARD WELSH (DECEASED)

The case of In the Estate of Michael Edward Welsh, deceased, was heard by the Supreme Court of South Australia. The dispute centred on the interpretation and rectification of the deceased’s will, specifically focusing on a codicil. The applicants sought to remove certain words from the first codicil and rectify the numbering of a particular paragraph within the first codicil. They also sought to rectify references in the second codicil by removing brackets.

The primary legal issue before the court was the proper construction and rectification of testamentary dispositions. The court had to determine whether certain words should be removed from the first codicil and whether the omission of paragraph numbers and the presence of brackets constituted drafting errors warranting rectification. The court also needed to decide whether the applicants' proposed rectifications aligned with the deceased's apparent intentions.

The court found that the words “and she is a compulsive and addicted gambler” should not be removed from the first codicil as it did not alter the overall testamentary disposition. However, the court agreed to rectify the omission of the paragraph number for the clause confirming the will in the first codicil. The court also found that the brackets in the references to paragraphs 4(B) and 4(D) in the second codicil were not necessary and should be removed. The court concluded that these rectifications were appropriate as they aligned with the deceased’s intentions and corrected obvious drafting errors.

The court ordered that the words “and she is a compulsive and addicted gambler” remain in the first codicil. It ordered the rectification of the first codicil by allocating the number 3 to the unnumbered paragraph reading “In all other respects I Confirm my said Will.” The court also ordered the removal of the brackets from the references to paragraphs 4(B) and 4(D) in paragraphs 1 and 2 of the second codicil. The court further directed that it would hear the applicants to determine the final terms of the minutes of the order.