header-logo header-logo

A regrettable blunder

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll