Nina Angelova v Peter John Holden Kershaw & Anor

Nina Angelova v Peter John Holden Kershaw & Anor

The Will failed to reflect the testator’s clear and consistent instructions, as evidenced by the Revised Plan and the Letter of Wishes, due to a clerical error by the drafting solicitor. The error was not noticed by the testator before execution, and there is no evidence his intentions changed. Rectification is therefore ordered.

Parties
Claimant: Nina Angelova; Defendant: Peter John Holden Kershaw; Defendant: David Clark
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Probate/rectification of Will / Judgment After Trial
Outcome
Will rectified as sought by the claimant
Legal Topics
Rectification of Will, Clerical Error, Testator's Intentions
Succession Law Trusts and Estates Rectification of Will Clerical Error Testator's Intentions

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Parties

Nina Angelova

Claimant

Peter John Holden Kershaw

Defendant

David Clark

Defendant

Procedural Posture

Probate/rectification of Will / Judgment After Trial

Legal Issues

  1. 1 Whether clause 15.11.a of the Will should be rectified under section 20 of the Administration of Justice Act 1982 to reflect the testator's true intentions regarding Nina Angelova's entitlement under the BCT trust.

Ratio Decidendi

The Will failed to reflect the testator’s clear and consistent instructions, as evidenced by the Revised Plan and the Letter of Wishes, due to a clerical error by the drafting solicitor. The error was not noticed by the testator before execution, and there is no evidence his intentions changed. Rectification is therefore ordered.

Court Disposition

Will rectified as sought by the claimant

Orders

  • Clause 15.11.a of the Will is rectified to read: 'Nina Angelova, whether or not we are married at the date of my death.'