Marley v Rawlings & Anor [2011] EWHC 161 (Ch) (03 February 2011)

Marley v Rawlings & Anor [2011] EWHC 161 (Ch) (03 February 2011)

The claim fails because the will signed by Mr Rawlings does not satisfy s. 9(b) of the Wills Act 1837, as he did not intend by his signature to give effect to that will. Further, s. 20 of the Administration of Justice Act 1982 does not confer jurisdiction to rectify a will in these circumstances, as the error was not in the expression of the will but in the execution of the wrong document.

Citation
[2011] EWHC 161 (Ch)
Parties
Claimant: Terry Michael Marley; Defendant: Terry Rawlings; Defendant: Michael Rawlings
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Rectification of Will and Probate Claim / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Rectification of Wills, Clerical Error, Testamentary Intention, Probate, Statutory Interpretation
Wills and Probate Equity Rectification of Wills Clerical Error Testamentary Intention Probate Statutory Interpretation

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Parties

Terry Michael Marley

Claimant

Terry Rawlings

Defendant

Michael Rawlings

Defendant

Procedural Posture

Rectification of Will and Probate Claim / High Court Judgment

Legal Issues

  1. 1 Whether the court can rectify a will mistakenly signed by the testator under s. 20 of the Administration of Justice Act 1982
  2. 2 Whether the will signed by the testator meets the requirements of s. 9 of the Wills Act 1837

Ratio Decidendi

The claim fails because the will signed by Mr Rawlings does not satisfy s. 9(b) of the Wills Act 1837, as he did not intend by his signature to give effect to that will. Further, s. 20 of the Administration of Justice Act 1982 does not confer jurisdiction to rectify a will in these circumstances, as the error was not in the expression of the will but in the execution of the wrong document.

Court Disposition

Claim dismissed

Orders

  • Claim for rectification of the will and probate as rectified is refused