Bimson, Re the Estate of [2010] EWHC 3679 (Ch) (26 July 2010)

Bimson, Re the Estate of [2010] EWHC 3679 (Ch) (26 July 2010)

The omission of David William Bimson from the class of Beneficiaries was a clerical error within the meaning of section 20(1)(a) of the Administration of Justice Act 1982, and the Will should be rectified to include him as a Beneficiary.

Citation
[2010] EWHC 3679 (Ch)
Parties
Second Claimant: David William Bimson; First Defendant: Mark Bimson; Second Defendant: Adam Bimson; Third Defendant: Luke Bimson; Fourth Defendant: Philippa Bimson
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Application for Rectification of Will / Judgment
Outcome
Application granted
Legal Topics
Rectification of Will, Clerical Error, Beneficiaries, Trust Powers
Probate Trusts Wills Rectification of Will Clerical Error Beneficiaries Trust Powers

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Parties

David William Bimson

Second Claimant

Mark Bimson

First Defendant

Adam Bimson

Second Defendant

Luke Bimson

Third Defendant

Philippa Bimson

Fourth Defendant

Procedural Posture

Application for Rectification of Will / Judgment

Legal Issues

  1. 1 Whether omission of David William Bimson from class of Beneficiaries in clause 3.4 was a clerical error
  2. 2 Whether the Will should be rectified under section 20 of the Administration of Justice Act 1982

Ratio Decidendi

The omission of David William Bimson from the class of Beneficiaries was a clerical error within the meaning of section 20(1)(a) of the Administration of Justice Act 1982, and the Will should be rectified to include him as a Beneficiary.

Court Disposition

Application granted

Orders

  • Definition of Beneficiaries in clause 3.4 of the Will to be amended to include David William Bimson and to insert 'my' before 'remoter descendants'.
  • Third Defendant, Luke, appointed to represent interests of unborn or unascertained beneficiaries.