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28 March 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7600 / Categories: Features , Wills & Probate
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The final fight

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Paola Fudakowska & Henrietta Mason provide a wills & probate round-up

In the case of Marley v Rawlings and Anor [2014] UKSC 2, [2014] 1 All ER 807, Alfred Rawlings and his wife Maureen Rawlings executed wills drafted by their solicitor on 17 May 1999. The wills were identical; each spouse left his or her estate to the other, and then to Terry Marley, who they treated as their son.

By an oversight, the solicitor gave each spouse the other’s draft will, which were then signed in error.

Mrs Rawlings died in 2003. Her estate passed to Mr Rawlings without anyone noticing the error, which only came to light when Mr Rawlings died in August 2006. Mr and Mrs Rawlings’ two sons challenged the validity of the will that Mr Rawlings had signed. If it was invalid, Mr Rawlings would have died intestate and the sons would inherit the estate.

Mr Marley sought rectification of the will signed by Mr Rawlings under s 20 of the Administration of Justice Act 1982

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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