The Public Trustee of Queensland v Roberts &Ors

The Public Trustee of Queensland sought clarification on the interpretation of a will drafted by the late Ms. Alice Roberts. The case was heard and determined in the Supreme Court of Queensland. The dispute centred on the proper interpretation of certain provisions in Ms. Roberts' will, specifically regarding whether certain omissions and transpositions were intentional or accidental, and whether they reflected her true intentions.

The court was tasked with deciding whether section 33 of the Succession Act 1981 applied to allow for the transposition, omission, or supplying of words in the will in the absence of any contrary intention expressed by the testatrix. Additionally, the court needed to determine whether the omission to include an expression of contrary intention was accidental or inadvertent, and whether it aligned with Ms. Roberts' instructions and intentions. The court also had to consider whether section 31 of the Succession Act 1981 should be invoked to correct a potential mistake by the drafter of the will, based on equivocal notes taken during the drafting process.

The court found that the testatrix did not express any contrary intention in her will, and the omission to include such an expression was not accidental or inadvertent. The court also held that there was no evidence of a mistake by the drafter based on the equivocal notes. Consequently, the application by the Public Trustee of Queensland was dismissed. The court's decision was that the will should be interpreted as drafted, without any alterations or insertions.