Sprackling & Ors v Sprackling & Anor

Sprackling & Ors v Sprackling & Anor

The Will failed to carry out the Deceased’s intentions due to a failure by the solicitors to understand his instructions. The Deceased intended to leave only Sandilands Farmhouse, garden, paddocks, fishing lake, and car park to Felicity, not the entirety of Sandilands Farm. The gift of Nyewood Farm to Simon was intended to operate if the Deceased predeceased his brother Arnold. The Will should be rectified to reflect these intentions.

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 / Judgment
Outcome
Will rectified
Legal Topics
Rectification of Testamentary Documents, Construction of Wills, Failure to Understand Instructions, Clerical Error, Testator's Intentions
Succession Probate Rectification of Wills Rectification of Testamentary Documents Construction of Wills Failure to Understand Instructions Clerical Error Testator's Intentions

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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 / Judgment

Legal Issues

  1. 1 Whether Clause 3.3 and Clause 4 of the Will dated 15 September 2005 should be rectified to reflect the true intentions of the testator
  2. 2 Whether the Will as drafted failed to carry out the testator’s intentions due to clerical error or failure to understand instructions

Ratio Decidendi

The Will failed to carry out the Deceased’s intentions due to a failure by the solicitors to understand his instructions. The Deceased intended to leave only Sandilands Farmhouse, garden, paddocks, fishing lake, and car park to Felicity, not the entirety of Sandilands Farm. The gift of Nyewood Farm to Simon was intended to operate if the Deceased predeceased his brother Arnold. The Will should be rectified to reflect these intentions.

Court Disposition

Will rectified

Orders

  • Clause 3.3 of the Will rectified to read: 'My property known as Sandilands Farmhouse Rogate aforesaid to include the fishing lake with access to the car park.'
  • Clause 4 of the Will rectified to read: 'In the event that I predecease my brother Arnold Sprackling I give absolutely subject to any tax my property known as Nyewood Farm, Nyewood near Rogate, Petersfield, Hampshire to Simon.'