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26 November 2009 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7395 / Categories: Features , Wills & Probate
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A battle of wills

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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

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