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Defining the United Kingdom

15 November 2018 / Paul Hewitt , Paul Hewitt
Issue: 7817 / Categories: Features , Wills & Probate
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​Paul Hewitt reports on how to resolve mistakes & ambiguities in wills & the fallout from a geographical error

  • Mistakes and ambiguities in wills are common. Such issues can usually be resolved with a minimum of drama, but sometimes, court intervention is required .

Sometimes a will does not reflect what the testator intended. This could be because of a mistake in the drafting, a mistake in understanding instructions, or simply because the grammar or choice of words is confusing. These mistakes usually only come to light when it is too late for the testator to correct them, because he or she has passed away. It is left to the competing beneficiaries to then argue as to what was intended and, in the more intractable situations, ask a judge to determine.

There are two main ways to resolve an ambiguity or put right a mistake in a will: construction and rectification. The usual way to resolve ambiguity is through a ‘construction application’, which asks the court to decide what the words

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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