Angelova v Kershaw & Anor (Executors of the Estate of Peter John Bryant (Deceased)) [2024] EWHC 1830 (Ch) (24 July 2024)

Angelova v Kershaw & Anor (Executors of the Estate of Peter John Bryant (Deceased)) [2024] EWHC 1830 (Ch) (24 July 2024)

The Will failed to reflect the testator's clear and consistent instructions that Nina Angelova should benefit from the BCT trust regardless of marital status. The failure resulted from a clerical error by the drafting solicitor, as evidenced by the Will file, correspondence, and the Letter of Wishes. The claimant satisfied the burden of proof on the balance of probabilities.

Citation
[2024] EWHC 1830 (Ch)
Parties
Claimant: Nina Angelova; Defendant: Peter John Holden Kershaw; Defendant: David Clark
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Rectification of Will / Judgment After Trial
Outcome
Claim allowed; Will rectified
Legal Topics
Rectification of Wills, Clerical Error, Testator's Intentions, Discretionary Trusts
Wills and Probate Trusts Equity Rectification of Wills Clerical Error Testator's Intentions Discretionary Trusts

Case Brief

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Parties

Nina Angelova

Claimant

Peter John Holden Kershaw

Defendant

David Clark

Defendant

Procedural Posture

Rectification of Will / Judgment After Trial

Legal Issues

  1. 1 Whether clause 15.11.a of the Will should be rectified to reflect the testator's true intentions regarding Nina Angelova's entitlement under the BCT trust regardless of marital status
  2. 2 Whether the Will failed to carry out the testator's intentions due to a clerical error

Ratio Decidendi

The Will failed to reflect the testator's clear and consistent instructions that Nina Angelova should benefit from the BCT trust regardless of marital status. The failure resulted from a clerical error by the drafting solicitor, as evidenced by the Will file, correspondence, and the Letter of Wishes. The claimant satisfied the burden of proof on the balance of probabilities.

Court Disposition

Claim allowed; Will rectified

Orders

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