Re Dohle

The case of Re Dohle involved Corin Michael Sankey, as the executor of the estate of Robin Ann Dohle, who sought a grant of probate for the deceased’s will dated 18 June 2020. The application also sought to rectify a perceived error in the will regarding the description of the beneficiaries, specifically the grandchildren of Nereo, who were incorrectly referred to as his children. Additionally, the applicant requested an extension of time to apply for the rectification of the will, as the application was filed outside the statutory period.

The court was tasked with determining whether the deceased had testamentary capacity when she executed the will in 2020, given concerns about her decision-making ability regarding financial matters. Another issue was whether the will accurately reflected the deceased's intentions, particularly in relation to the description of the beneficiaries. Finally, the court had to decide whether to grant an extension of time to the applicant to rectify the will.

The court found that the deceased had testamentary capacity at the time of making the will. It was determined that the will did not accurately reflect the deceased's intentions, as it incorrectly referred to Nereo’s grandchildren as his children. Consequently, the court rectified clause 3.3 of the will to accurately reflect the intended beneficiaries. The court also granted an extension of time to the applicant to make the application for rectification, as permitted under the relevant legislation. The court ordered that the applicant’s costs be paid from the estate on an indemnity basis.

In summary, the court granted a probate of the will to the executor, rectified the description of beneficiaries, extended the time for making the rectification application, and ordered that the applicant's costs be paid from the estate.