A man bequeathed his daughter a property that was subject to legal proceedings for non-payment of a mortgage, because he believed that she would continue to fight for the property after his death. The other successors contended that it was a will that was signed due to a mistake that his daughter is the only one who could fight over the asset.
The Court held that it was not a mistake and therefore the property belongs to the daughter. A will executed by mistake may be void. A mistake can be in fact, law or in motive, but a mistake that is informed which is based on a wrong assessment is not considered a mistake which annuls the will. Here, the deceased intended to fight for the property and believed that his daughter would continue to do so after his death. Therefore, even if he made a mistake in the assessment, it is an informed mistake and therefore it is not such that annuls the will.