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There have been a number of cases on the subject of construction and rectification of wills and trust instruments in recent years. Although drafting problems can be, and often are, resolved by a process of construction and/or rectification, there are important limits on the court’s jurisdiction and various practical considerations to be borne in mind when dealing with a claim for construction and/or rectification. Our expert, Edward Hewitt, who was counsel in Reading v Reading (2015), Jump v Lister (2016) and Public Trustee v Harrison (2018), discusses some of the recent decisions in the area and what they mean in practice.
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