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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll