header-logo header-logo

Constructing rectification

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

 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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll