header-logo header-logo

23 May 2014 / Jonathan Steinert , Paris Aboro
Issue: 7607 / Categories: Features , Wills & Probate
printer mail-detail

Constructing rectification

 Jonathan Steinert & Paris Aboro examine the Supreme Court’s approach to the rectification of a will

In the Supreme Court’s recent decision in Marley v Rawlings [2014] UKSC 2, [2014] 1 All ER 807 it was held that, where a husband and wife had mistakenly signed one another’s draft wills, as a result of a clerical error, the court was able to intervene and rectify the wills in order to give effect to the intentions of the testator.

Background

In May 1999, Mr and Mrs Rawlings were visited by their solicitor in order that they could execute the wills he had drafted on their instructions. The wills were short and were drafted in largely identical terms, as “mirror wills”. By their terms, each spouse left his or her entire estate to the other, but, if the other had predeceased, the entire estate was left to the appellant, Mr Marley, to whom the couple were not related but had treated as a son.

By an oversight on the part of the solicitor, each spouse was given the other’s draft will to sign. Both

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll