Pengelly v Pengelly: ChD 2008

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] Ch 375
Administration of Justice Act 1982 20(1)(a)
England and Wales
Cited by:
CitedBimson, Re The Estate of ChD 26-Jul-2010
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 . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate, Costs

Updated: 15 January 2022; Ref: scu.552764