Marley v Rawlings & Anor

Marley v Rawlings & Anor

The will signed by Mr Rawlings was not valid because he did not intend by his signature to give effect to the will before him, but to another; section 9(b) of the Wills Act 1837 was not satisfied. Rectification under section 20 of the Administration of Justice Act 1982 was not available because the document was not a valid will.

Parties
Appellant: Terry Michael Marley; Respondent: Terry Rawlings; Respondent: Michael Rawlings
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Probate Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Formal Validity of Wills, Rectification of Wills, Testamentary Intention, Mistaken Execution of Wills
Succession Law Probate Formal Validity of Wills Rectification of Wills Testamentary Intention Mistaken Execution of Wills

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Parties

Terry Michael Marley

Appellant

Terry Rawlings

Respondent

Michael Rawlings

Respondent

Procedural Posture

Probate Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

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

Ratio Decidendi

The will signed by Mr Rawlings was not valid because he did not intend by his signature to give effect to the will before him, but to another; section 9(b) of the Wills Act 1837 was not satisfied. Rectification under section 20 of the Administration of Justice Act 1982 was not available because the document was not a valid will.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; probate not granted to the will signed by Mr Rawlings; rectification refused.