Bell v Georgiou and Another: ChD 28 May 2002

Blackburne J discussed what would amount to a clerical error so as to allow rectification: ‘The essence of the matter is that a clerical error occurs when someone, who may be the testator himself, or his solicitor, or a clerk or a typist, writes something which he did not intend to insert or omits something which he intended to insert. . . The remedy is only available if it can be established not only that the will fails to carry out the testator’s instructions but also what those instructions were.’


Blackburne J VC


[2002] EWHC 1080 (Ch), [2002] WTLR 1105




Administration of Justice Act 1982 2091)(a)


England and Wales

Cited by:

CitedMarley v Rawlings and Another SC 22-Jan-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 07 February 2022; Ref: scu.520890