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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll