Clarke v Brothwood & Ors

Clarke v Brothwood & Ors

The will failed to dispose of the entire residuary estate due to a clerical error in the drafting process, as the draftsman did not apply his mind to the effect of the fractional shares, resulting in 60% of the estate being undisposed. The jurisdiction to rectify the will under section 20 of the Administration of Justice Act 1982 is established, and rectification is ordered to reflect the testatrix's true intentions.

Parties
Claimant: John Robert Medbury Clarke; First Defendant: Katherine Brothwood; Second Defendant: Francis John Aston Martin; Third Defendant: Elizabeth Constance Anne Gill; Fourth Defendant: Elizabeth Adams; Fifth Defendant: Britt Martin; Sixth Defendant: Patrick Keef
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Probate/rectification of Will / Judgment
Outcome
Will rectified
Legal Topics
Rectification of Wills, Clerical Error, Testator's Intention, Administration of Justice Act 1982 S.20
Succession Law Probate Rectification of Wills Clerical Error Testator's Intention Administration of Justice Act 1982 S.20

Case Brief

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Parties

John Robert Medbury Clarke

Claimant

Katherine Brothwood

First Defendant

Francis John Aston Martin

Second Defendant

Elizabeth Constance Anne Gill

Third Defendant

Elizabeth Adams

Fourth Defendant

Britt Martin

Fifth Defendant

Patrick Keef

Sixth Defendant

Procedural Posture

Probate/rectification of Will / Judgment

Legal Issues

  1. 1 Whether the will of Constance Marjorie Martin should be rectified under section 20 of the Administration of Justice Act 1982 due to a clerical error resulting in failure to dispose of the entire residuary estate.

Ratio Decidendi

The will failed to dispose of the entire residuary estate due to a clerical error in the drafting process, as the draftsman did not apply his mind to the effect of the fractional shares, resulting in 60% of the estate being undisposed. The jurisdiction to rectify the will under section 20 of the Administration of Justice Act 1982 is established, and rectification is ordered to reflect the testatrix's true intentions.

Court Disposition

Will rectified

Orders

  • The will of Constance Marjorie Martin is rectified to dispose of the entire residuary estate in accordance with her true intentions.