Bell v Georgiou & Anor [2002] EWHC 1080 (Ch) (28 May 2002)

Bell v Georgiou & Anor [2002] EWHC 1080 (Ch) (28 May 2002)

The claimant failed to provide convincing evidence that Mrs Bell intended to give him an additional legacy or to limit the RAF Benevolent Fund's gift to £11,000. The will, as executed, reflected her testamentary intentions. Speculation as to intention is insufficient for rectification. The claim was dismissed.

Citation
[2002] EWHC 1080 (Ch)
Parties
Claimant: Douglas William Dawson Bell; 1st Defendant (executor of Joan Mary Bell Deceased): Sotira Ellen Georgiou; 2nd Defendant: Royal Air Force Benevolent Fund
Jurisdiction
England and Wales
Judgment Date
28 May 2002
Procedural Posture
Claim for Rectification of Will Under Administration of Justice Act 1982 S.20(1) / High Court (chancery Division) Judgment
Outcome
Claim dismissed
Legal Topics
Rectification of Wills, Testamentary Intention, Clerical Error, Failure to Understand Instructions
Wills and Probate Equity Rectification of Wills Testamentary Intention Clerical Error Failure to Understand Instructions

Case Brief

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Parties

Douglas William Dawson Bell

Claimant

Sotira Ellen Georgiou

1st Defendant (executor of Joan Mary Bell Deceased)

Royal Air Force Benevolent Fund

2nd Defendant

Procedural Posture

Claim for Rectification of Will Under Administration of Justice Act 1982 S.20(1) / High Court (chancery Division) Judgment

Legal Issues

  1. 1 Whether the will of Joan Mary Bell failed to carry out her testamentary intentions due to clerical error or failure to understand instructions under s.20(1) Administration of Justice Act 1982
  2. 2 Whether the will should be rectified to provide an additional legacy to the claimant or limit the gift to the RAF Benevolent Fund

Ratio Decidendi

The claimant failed to provide convincing evidence that Mrs Bell intended to give him an additional legacy or to limit the RAF Benevolent Fund's gift to £11,000. The will, as executed, reflected her testamentary intentions. Speculation as to intention is insufficient for rectification. The claim was dismissed.

Court Disposition

Claim dismissed