Marley v Rawlings & Anor [2012] EWCA Civ 61 (02 February 2012)

Marley v Rawlings & Anor [2012] EWCA Civ 61 (02 February 2012)

A will signed by a testator but prepared for another person does not satisfy section 9 of the Wills Act 1837 because the testator did not intend by his signature to give effect to that will. Rectification under section 20 of the Administration of Justice Act 1982 is not available for an invalid will. The document signed by Mr Rawlings was not his will and cannot be admitted to probate.

Citation
[2012] EWCA Civ 61
Parties
Appellant: Marley; Respondents: Rawlings & Anr
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Appeal From Chancery Division (probate/rectification) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Formal Validity of Wills, Rectification of Wills, Testamentary Intention, Clerical Error, Knowledge and Approval
Wills and Probate Equity Civil Procedure Formal Validity of Wills Rectification of Wills Testamentary Intention Clerical Error Knowledge and Approval

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Parties

Marley

Appellant

Rawlings & Anr

Respondents

Procedural Posture

Appeal From Chancery Division (probate/rectification) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a will signed by the testator but prepared for another person satisfies the formal requirements of section 9 of the Wills Act 1837
  2. 2 Whether such a will can be rectified under section 20 of the Administration of Justice Act 1982
  3. 3 Whether the testator had knowledge and approval of the contents of the will signed

Ratio Decidendi

A will signed by a testator but prepared for another person does not satisfy section 9 of the Wills Act 1837 because the testator did not intend by his signature to give effect to that will. Rectification under section 20 of the Administration of Justice Act 1982 is not available for an invalid will. The document signed by Mr Rawlings was not his will and cannot be admitted to probate.

Court Disposition

Appeal dismissed

Orders

  • Probate of the will refused
  • No rectification under section 20 of the Administration of Justice Act 1982