header-logo header-logo

28 March 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7600 / Categories: Features , Wills & Probate
printer mail-detail

The final fight

web_mason

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 (AJA 1982) so that it would contain what was in

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