Bimson, Re the Estate of

Bimson, Re the Estate of

The omission of David William Bimson from the class of Beneficiaries was a clerical error within the meaning of section 20(1)(a) of the Administration of Justice Act 1982, and the Will should be rectified to include him.

Parties
Claimant: David William Bimson; Defendant: Mark Bimson; Defendant: Adam Bimson; Third Defendant: Luke Bimson; Fourth Defendant: Philippa Bimson
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Application / Judgment
Outcome
application granted
Legal Topics
Rectification of Will, Clerical Error, Beneficiary Definition
Probate Trusts Wills Rectification of Will Clerical Error Beneficiary Definition

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Parties

David William Bimson

Claimant

Mark Bimson

Defendant

Adam Bimson

Defendant

Luke Bimson

Third Defendant

Philippa Bimson

Fourth Defendant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether omission of David William Bimson from the class of Beneficiaries in the Will was a clerical error justifying rectification under section 20 of the Administration of Justice Act 1982

Ratio Decidendi

The omission of David William Bimson from the class of Beneficiaries was a clerical error within the meaning of section 20(1)(a) of the Administration of Justice Act 1982, and the Will should be rectified to include him.

Court Disposition

application granted

Orders

  • Definition of Beneficiaries in clause 3.4 of the Will to be amended to include David William Bimson as well as Mark, Adam, and remoter descendants.
  • Insert the word 'my' before 'remoter descendants' in clause 3.4.