The deceased and his partner had made mirror wills. On the second death it appeared that a named residuary beneficiary did not exist. The claimant, with a similar name said it had intended to name him. The court considered whether it could be counted a clerical error allowing amendment.
Held: The intended reference had clearly been to a male member of the family and on the evidence it had intended to refer to the claimant.
Judges:
Norris J
Citations:
[2009] EWHC 1953 (Ch), [2010] WTLR 79, [2009] NPC 103
Links:
Statutes:
Administration of Justice Act 1982 20
Jurisdiction:
England and Wales
Citing:
Cited – Re Resch’s Will Trusts; Vera Caroline Le Crasv Perpetual Trustee Company Limited PC 19-Oct-1967
(New South Wales) The testator left a series of testamentary provisions including gifts which worked cumulatively. Lord Wilberforce discussed the breadth of evidence admissible in the probate court: ‘The principles which ought to be applied on such . .
Cited – Lamothe v Lamothe and Others ChD 15-Jun-2006
The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . .
Cited – Greenough v Martin 1824
A will and codicil pronounced for; and three intermediate codicils, propounded on behalf of legatees in the same, held to be invalid. In a Court of Probate, what instruments the testator meant to operate as, and compose, his will, is to be collected . .
Cited – Re Ofner; Samuel v Ofner 1909
Amongst other legacies to various nieces and a nephew, the testator gave a legacy ‘to my grandnephew Robert Ofner’ of andpound;100 and to another ‘grandnephew Curt Ofner’ of andpound;100. However he had no such grandnephew or other relative of the . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 27 September 2022; Ref: scu.368644
