Sprackling & Ors v Sprackling & Anor [2008] EWHC 2696 (Ch) (06 November 2008)

Sprackling & Ors v Sprackling & Anor [2008] EWHC 2696 (Ch) (06 November 2008)

The court found that the will failed to carry out the deceased's true intentions due to a failure to understand instructions. The deceased intended to leave Felicity only the farmhouse, garden, paddocks, and fishing lake (with access), not the entirety of Sandilands Farm, and intended the gift of Nyewood Farm to Simon to operate if the deceased predeceased his brother Arnold. The will was rectified accordingly.

Citation
[2008] EWHC 2696 (Ch)
Parties
Claimant: Simon Richard Sprackling; Claimant: Shon Arnold Sprackling; Claimant: Joanna Sally Barlow; Defendant: Felicity Ann Sprackling; Defendant: Peter Dennis Sprackling
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Probate/rectification of Will / High Court Trial Judgment
Outcome
Will rectified
Legal Topics
Rectification of Wills, Construction of Wills, Testamentary Intention, Clerical Error, Administration of Justice Act 1982 S.20
Wills and Probate Equity Rectification of Wills Construction of Wills Testamentary Intention Clerical Error Administration of Justice Act 1982 S.20

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Parties

Simon Richard Sprackling

Claimant

Shon Arnold Sprackling

Claimant

Joanna Sally Barlow

Claimant

Felicity Ann Sprackling

Defendant

Peter Dennis Sprackling

Defendant

Procedural Posture

Probate/rectification of Will / High Court Trial Judgment

Legal Issues

  1. 1 Whether the will of Richard Sprackling should be rectified under s.20(1) Administration of Justice Act 1982 to reflect his true testamentary intentions regarding Sandilands Farm and Nyewood Farm.

Ratio Decidendi

The court found that the will failed to carry out the deceased's true intentions due to a failure to understand instructions. The deceased intended to leave Felicity only the farmhouse, garden, paddocks, and fishing lake (with access), not the entirety of Sandilands Farm, and intended the gift of Nyewood Farm to Simon to operate if the deceased predeceased his brother Arnold. The will was rectified accordingly.

Court Disposition

Will rectified

Orders

  • Rectification of the will to give Felicity Ann Sprackling the farmhouse, garden, paddocks, and fishing lake (with access) at Sandilands Farm, not the whole farm.
  • Rectification of the will to provide that Nyewood Farm passes to Simon Richard Sprackling if the deceased predeceased his brother Arnold.