Boswell & Ors v Lawson & Ors

Boswell & Ors v Lawson & Ors

The evidence, including the testator's conduct, prior wills, and explanations to family, supported the conclusion that the will as drafted reflected Mr Appleby's intentions. The only error was in the solicitor's explanatory letter, not the will. Therefore, there was no basis for rectification, and the application out of time was properly refused.

Parties
Claimant/appellant: Judith Ann Boswell; Claimant/appellant: Jennifer Wycoff; Claimant/appellant: Jacqueline Olds; Defendant/respondent: John Lawson; Defendant/respondent: Sean Harold Hudson; Defendant/respondent: Philip John Appleby; Defendant/respondent: Carol Ann Appleby
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Rectification of Wills, Testamentary Intention, Out of Time Application
Succession Law Wills and Probate Rectification of Wills Testamentary Intention Out of Time Application

Case Brief

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Parties

Judith Ann Boswell

Claimant/appellant

Jennifer Wycoff

Claimant/appellant

Jacqueline Olds

Claimant/appellant

John Lawson

Defendant/respondent

Sean Harold Hudson

Defendant/respondent

Philip John Appleby

Defendant/respondent

Carol Ann Appleby

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mr Appleby's will should be rectified under section 20 of the Administration of Justice Act 1982 to reflect his alleged testamentary intentions
  2. 2 Whether the application for rectification should be allowed out of time

Ratio Decidendi

The evidence, including the testator's conduct, prior wills, and explanations to family, supported the conclusion that the will as drafted reflected Mr Appleby's intentions. The only error was in the solicitor's explanatory letter, not the will. Therefore, there was no basis for rectification, and the application out of time was properly refused.

Court Disposition

appeal dismissed

Orders

  • Application for rectification of the will refused
  • Application for extension of time refused