A testatrix revoked her earlier will and, by an oversight and contrary to the testatrix’s instructions, her solicitor had failed to repeat in her later will, provisions of the earlier will exercising a testamentary power of appointment. The clerical error was due to an error in the process of recording the testator’s instructions, not in … Continue reading Wordingham v Royal Exchange Trust Co Ltd and Another: ChD 6 May 1992
Where a word or words have been mistakenly omitted from a will there may well be greater potential for characterising the error as one of a clerical nature. This reflects a natural, almost intuitive, reaction that it is easier to find a clerical error where something has simply been left out. Hodge QC HHJ [2008] … Continue reading Pengelly v Pengelly: ChD 2008
Application for rectification of a will. Jonathan Gaunt QC [2013] EWHC 486 (Ch) Bailii Administration of Justice Act 1982 20(1)(a) Wills and Probate Updated: 28 November 2021; Ref: scu.519658
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
A testator writing out his own will can make a clerical error just as much as someone else writing out a will for him. ‘In passing, I note that there is no claim for rectification in the present case. It was suggested in the course of argument that s20 could not apply to a home-made … Continue reading Re Williams Deceased, Wiles v Madgin: ChD 1985
Application to rectify the will under the 1982 Act. Held: The application succeeded. Henderson J said: ‘this case falls comfortably within the scope of clerical error within the meaning of section 20(1)(a). It appears to me plain that David was always meant to be included in the class of Beneficiaries for the purposes of the … Continue reading Bimson, Re The Estate of: ChD 26 Jul 2010
The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that the will did not give effect to a testator’s intentions, is an exacting one.
Chadwick J said: ‘Although the standard of proof . .
