Barrett v Hammond & Ors

Barrett v Hammond & Ors

The testator intended to dispose of his entire estate and avoid partial intestacy; the mismatch between the number of parts specified for the residuary estate and the number of gifts resulted from a clerical error by the solicitor, justifying rectification under s.20(1)(a) of the Administration of Justice Act 1982 by replacing 'fifty-two parts' with 'forty-four parts' in clause 9 of the will.

Parties
Claimant: Elizabeth Barrett; Defendants: Hammond & Thirty Others
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Probate/rectification / Judgment After Trial of Rectification Claim
Outcome
Application for rectification granted.
Legal Topics
Rectification of Wills, Partial Intestacy, Construction of Wills, Clerical Error in Wills
Probate Wills and Succession Trusts Rectification of Wills Partial Intestacy Construction of Wills Clerical Error in Wills

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Parties

Elizabeth Barrett

Claimant

Hammond & Thirty Others

Defendants

Procedural Posture

Probate/rectification / Judgment After Trial of Rectification Claim

Legal Issues

  1. 1 Whether the will and codicil of Dr Robert Munroe Black should be rectified under s.20(1)(a) of the Administration of Justice Act 1982 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 and avoid partial intestacy; the mismatch between the number of parts specified for the residuary estate and the number of gifts resulted from a clerical error by the solicitor, justifying rectification under s.20(1)(a) of the Administration of Justice Act 1982 by replacing '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 rectified by deleting 'fifty-two parts' and substituting 'forty-four parts'.
  • Costs to be paid out of the estate as an expense of administration.