header-logo header-logo

07 April 2011 / Alexander Learmonth KC
Issue: 7460 / Categories: Features , Wills & Probate
printer mail-detail

A regrettable blunder

Alexander Learmonth investigates an unusual case of two wills being signed & executed by the wrong testators

The recent decision in Marley v Rawlings [2011] EWHC 161 (Ch), [2011] All ER (D) 43 (Feb), raised an interesting point of principle: could the power to rectify a will under s 20 of the Administration of Justice Act 1982 (AJA 1982) be used to cure a defect of execution of a will?  Could such an error be categorised as a “clerical error”?

The facts are simple but, one hopes, unusual. Mr and Mrs Rawlings wished to make mirror wills, each leaving everything to the other, and the survivor leaving everything to their carer, and quasi-adopted son Mr Marley. But when the solicitor supervised the execution of these wills, he handed Mr Rawlings the will intended for Mrs Rawlings and vice-versa, and each signed and executed the wrong will. Neither the solicitor nor his secretary witnessing the execution spotted the error, and it was not picked up on the death of Mrs Rawlings, whose property passed

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll