header-logo header-logo

23 May 2014 / Jonathan Steinert , Paris Aboro
Issue: 7607 / Categories: Features , Wills & Probate
printer mail-detail

Constructing rectification

 Jonathan Steinert & Paris Aboro examine the Supreme Court’s approach to the rectification of a will

In the Supreme Court’s recent decision in Marley v Rawlings [2014] UKSC 2, [2014] 1 All ER 807 it was held that, where a husband and wife had mistakenly signed one another’s draft wills, as a result of a clerical error, the court was able to intervene and rectify the wills in order to give effect to the intentions of the testator.

Background

In May 1999, Mr and Mrs Rawlings were visited by their solicitor in order that they could execute the wills he had drafted on their instructions. The wills were short and were drafted in largely identical terms, as “mirror wills”. By their terms, each spouse left his or her entire estate to the other, but, if the other had predeceased, the entire estate was left to the appellant, Mr Marley, to whom the couple were not related but had treated as a son.

By an oversight on the part of the solicitor, each spouse

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll