Barrett v Hammond & Ors [2020] EWHC 3585 (Ch) (06 November 2020)

Barrett v Hammond & Ors [2020] EWHC 3585 (Ch) (06 November 2020)

The testator intended to dispose of his entire estate without partial intestacy; the failure to adjust the number of parts in the will following the codicil was a clerical error by the solicitor. Rectification is appropriate under s.20(1)(a) of the Administration of Justice Act 1982 to replace 'fifty-two parts' with 'forty-four parts' in clause 9 of the will.

Citation
[2020] EWHC 3585 (Ch)
Parties
Claimant: Elizabeth Barrett; Defendants: Hammond & Thirty Others
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Part 8 Claim (rectification of Will) / Judgment After Hearing of Rectification Claim
Outcome
Application for rectification granted.
Legal Topics
Rectification of Wills, Partial Intestacy, Clerical Error in Wills, Testator's Intention, Administration of Justice Act 1982 S.20
Wills and Probate Trusts and Estates Rectification of Wills Partial Intestacy Clerical Error in Wills Testator's Intention Administration of Justice Act 1982 S.20

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Parties

Elizabeth Barrett

Claimant

Hammond & Thirty Others

Defendants

Procedural Posture

Part 8 Claim (rectification of Will) / Judgment After Hearing of Rectification Claim

Legal Issues

  1. 1 Whether the will and codicil of Dr Robert Munroe Black should be rectified to avoid partial intestacy due to a clerical error in the division of the residuary estate.

Ratio Decidendi

The testator intended to dispose of his entire estate without partial intestacy; the failure to adjust the number of parts in the will following the codicil was a clerical error by the solicitor. Rectification is appropriate under s.20(1)(a) of the Administration of Justice Act 1982 to replace 'fifty-two parts' with 'forty-four parts' in clause 9 of the will.

Court Disposition

Application for rectification granted.

Orders

  • Clause 9 of the will is to be rectified by deleting 'fifty-two parts' and substituting 'forty-four parts'.
  • Costs to be paid out of the estate as an expense of administration.