Joshi & Ors v Mahida

Joshi & Ors v Mahida

The evidence, including contemporaneous attendance notes, established the testator’s intention that his entire half share in the Leytonstone Road property should go to his brother and his brother’s three sons. The wording in clause 3(c) was a clerical error, and rectification under section 20(1)(a) of the Administration of Justice Act 1982 is warranted.

Parties
Claimant: Ashwin Joshi; Claimant: Jagdishbhai Patel; Claimant: Arjunsinh Mahendersinh Mahida; Claimant: Shailessinh Arjunsinh Mahida; Claimant: Kalpesh Kumar Arjunsinh Mahida; Claimant: Upendersinh Arjunsinh Mahida; Defendant: Dhanlaxmi Kirit Kumar Mahida
Jurisdiction
England and Wales
Judgment Date
08 March 2013
Procedural Posture
Rectification of Will / Judgment
Outcome
claim allowed
Legal Topics
Rectification of Wills, Clerical Error, Testator's Intention
Succession Probate Property Rectification of Wills Clerical Error Testator's Intention

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Parties

Ashwin Joshi

Claimant

Jagdishbhai Patel

Claimant

Arjunsinh Mahendersinh Mahida

Claimant

Shailessinh Arjunsinh Mahida

Claimant

Kalpesh Kumar Arjunsinh Mahida

Claimant

Upendersinh Arjunsinh Mahida

Claimant

Dhanlaxmi Kirit Kumar Mahida

Defendant

Procedural Posture

Rectification of Will / Judgment

Legal Issues

  1. 1 Whether clause 3(c) of the Will fails to carry out the testator’s intentions due to a clerical error
  2. 2 Whether the Will should be rectified under section 20(1)(a) of the Administration of Justice Act 1982

Ratio Decidendi

The evidence, including contemporaneous attendance notes, established the testator’s intention that his entire half share in the Leytonstone Road property should go to his brother and his brother’s three sons. The wording in clause 3(c) was a clerical error, and rectification under section 20(1)(a) of the Administration of Justice Act 1982 is warranted.

Court Disposition

claim allowed

Orders

  • The Will is rectified by substituting 'my one half share' for 'one half of my share' in clause 3(c).
  • No order as to costs.