||All England Reporter
|| All ER (D) 249 (Oct)
|| EWHC 2561 (Ch)
Michael Furness QC sitting as a deputy judge of the High Court
||Michael Bowmer (instructed by Keith Wilding & Co) for the claimants.
||The defendant did not appear and was not represented.
||20 October 2006
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).
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.
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