Kell v Jones & Ors [2012] EWHC B30 (Ch) (16 November 2012)

Kell v Jones & Ors [2012] EWHC B30 (Ch) (16 November 2012)

Although the court was satisfied on convincing evidence that Mrs Pittaway intended the residue to be divided among family members only, the error in the will was not a clerical error but a mistaken belief by the solicitor that the wording used achieved that effect. As such, the statutory requirements for rectification were not met and the claim must fail.

Citation
[2012] EWHC B30 (Ch)
Parties
Claimant: Mr Kell; Defendants: Joan Pittaway's estate beneficiaries (15 named relatives and four charities)
Jurisdiction
England and Wales
Judgment Date
16 November 2012
Procedural Posture
Claim for Rectification of Will / Judgment After Trial
Outcome
claim dismissed
Legal Topics
Rectification of Wills, Clerical Error, Testator's Intention, Interpretation of Wills
Wills and Probate Equity Rectification of Wills Clerical Error Testator's Intention Interpretation of Wills

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Parties

Mr Kell

Claimant

Joan Pittaway's estate beneficiaries (15 named relatives and four charities)

Defendants

Procedural Posture

Claim for Rectification of Will / Judgment After Trial

Legal Issues

  1. 1 Whether the will of Mrs Joan Pittaway should be rectified to exclude four charities from sharing in the residue of the estate
  2. 2 Whether the failure to give effect to the testatrix's intention was due to a clerical error under section 20 of the Administration of Justice Act 1982

Ratio Decidendi

Although the court was satisfied on convincing evidence that Mrs Pittaway intended the residue to be divided among family members only, the error in the will was not a clerical error but a mistaken belief by the solicitor that the wording used achieved that effect. As such, the statutory requirements for rectification were not met and the claim must fail.

Court Disposition

claim dismissed