header-logo header-logo

26 November 2009 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7395 / Categories: Features , Wills & Probate
printer mail-detail

A battle of wills

Paul Hewitt, Paola Fudakowska & Adam Cloherty examine rectification & statutory wills

In Parkinson v Fawdon [2009] EWHC 1953 (Ch) the deceased (D) and H owned a farm jointly. They made mirror wills, under which each left his estate to the other, appointing him as sole executor. In the event that the other did not survive the testator, an alternative executor was named with substitute provisions in respect of residue.

D died two weeks after H and the alternative provisions of D’s will took effect in relation to both estates. D’s will appointed the defendant (F) and “Mark Parkinson of 215 Ditching Road Brighton in the County of Sussex” as his executors. The residuary estate was to be divided between Mark Parkinson, F and her sisters.

P brought an application for rectification of the will under Administration of Justice Act 1982, s 20 on the basis that there was no one who matched the description of “Mark Parkinson of 215 Ditching Road Brighton in the County of Sussex” and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll