Estate of Phillips [2009] JRC 080 (24 April 2009)

Estate of Phillips [2009] JRC 080 (24 April 2009)

The court has jurisdiction to rectify a will where a simple mistake resulted in the wrong person signing the document, but only the will actually signed by the deceased can be admitted to probate after rectification.

Citation
[2009] JRC 080
Parties
Representor: Betty Anne Phillips; Deceased: John Barrie Phillips
Jurisdiction
Jersey
Judgment Date
24 April 2009
Procedural Posture
Probate Application / Judgment
Outcome
Application granted
Legal Topics
Rectification of Wills, Mistaken Execution of Wills
Probate Wills and Estates Rectification of Wills Mistaken Execution of Wills

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Parties

Betty Anne Phillips

Representor

John Barrie Phillips

Deceased

Procedural Posture

Probate Application / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to rectify a will mistakenly signed by the wrong person
  2. 2 Whether a will not signed by the testator can be admitted to probate

Ratio Decidendi

The court has jurisdiction to rectify a will where a simple mistake resulted in the wrong person signing the document, but only the will actually signed by the deceased can be admitted to probate after rectification.

Court Disposition

Application granted

Orders

  • Rectification of the will signed by the deceased ordered
  • No order for costs