| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 249 (Oct) |
| Neutral Citation: | [2006] EWHC 2561 (Ch) |
| Court: | Chancery Division |
| Judge: | Michael Furness QC sitting as a deputy judge of the High Court |
| Representation | Michael Bowmer (instructed by Keith Wilding & Co) for the claimants. |
| The defendant did not appear and was not represented. | |
| Judgment Dates: | 20 October 2006 |
Catchwords
Will - Rectification - Clerical error - Testator instructing solicitor in terms inconsistent with draft will - Solicitor amending will - Amendment inadvertently creating partial intestacy - Residual beneficiaries seeking rectification - Whether will reflecting testator's intentions - Whether failure resulting from clerical error - Whether rectification of will should be ordered - , s 20(1).
The Case
In the instant case, where the deceased's solicitor had re-drafted provisions of his will in an attempt to accurately reflect his intentions, and that amendment had inadvertently created a partial intestacy, the court exercised its jurisdiction to rectify the will in the terms sought by the claimant residual beneficiaries.
Practice Areas
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