Gerling v Gerling & Ors

Gerling v Gerling & Ors

The Will failed to reflect the testatrix's intentions due to a failure by the draftswoman to understand instructions, resulting in a partial intestacy. The evidence established the testatrix intended her residuary estate, after her son's life interest, to pass to her daughter. The application for rectification is granted, with the order postponed to allow the second defendant an opportunity to challenge.

Parties
Claimant / First Defendant: Jacqueline Catherine Gerling; Second Defendant: Colin Robert Ryan; Third Defendant: Daniel Robert Gerling; Fourth Defendant: Alexander James Gerling
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Probate / Rectification of Will / Judgment on Application for Rectification
Outcome
Application for rectification granted, subject to conditions.
Legal Topics
Rectification of Will, Administration of Justice Act 1982 S.20, Partial Intestacy, Testator's Intentions
Succession Law Probate Rectification of Will Administration of Justice Act 1982 S.20 Partial Intestacy Testator's Intentions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jacqueline Catherine Gerling

Claimant / First Defendant

Colin Robert Ryan

Second Defendant

Daniel Robert Gerling

Third Defendant

Alexander James Gerling

Fourth Defendant

Procedural Posture

Probate / Rectification of Will / Judgment on Application for Rectification

Legal Issues

  1. 1 Whether the Will of Catherine Brigid Ryan should be rectified under section 20 of the Administration of Justice Act 1982 to reflect the testatrix's true intentions
  2. 2 Whether the application for rectification can be made out of time
  3. 3 Whether the omission in the Will was due to a failure to understand instructions

Ratio Decidendi

The Will failed to reflect the testatrix's intentions due to a failure by the draftswoman to understand instructions, resulting in a partial intestacy. The evidence established the testatrix intended her residuary estate, after her son's life interest, to pass to her daughter. The application for rectification is granted, with the order postponed to allow the second defendant an opportunity to challenge.

Court Disposition

Application for rectification granted, subject to conditions.

Orders

  • The Will of Catherine Brigid Ryan is rectified to provide that the residuary estate, after the life interest of Colin Robert Ryan, passes to Jacqueline Catherine Gerling.
  • All debts, funeral and testamentary expenses to be borne by the residuary estate as a whole.