Michael Tringham reviews some unusual probate tussles
A legatee sought rectification of the will through which he alone inherited a property on the death of both his parents. His victory would have reduced his estranged wife’s entitlement if her ancillary relief proceedings succeeded. But the Court of Appeal decided (Boswell & Ors v Lawson & Ors [2011] EWCA Civ 452, [2011] All ER (D) 201 (Apr)) that the will did not fail to give proper effect to the “careful and meticulous” testator’s intentions.
The son argued alongside his three sisters, “apparently contrary to his interest”, that their parents had intended to leave the property (which had also been the son’s matrimonial home) to be divided equally between their four children along with the residuary estate. This was opposed by his estranged wife “whose interest it is that his assets should be the greater, from which she can claim financial provision on their divorce”.
Reviewing the trial court’s findings, Lord Justice Lloyd accepted that a November 1990 explanatory letter to the testator from the solicitor who drafted the wills “undoubtedly provides material which supports
