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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll