header-logo header-logo

The final fight

28 March 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7600 / Categories: Features , Wills & Probate
printer mail-detail
web_mason

Paola Fudakowska & Henrietta Mason provide a wills & probate round-up

In the case of Marley v Rawlings and Anor [2014] UKSC 2, [2014] 1 All ER 807, Alfred Rawlings and his wife Maureen Rawlings executed wills drafted by their solicitor on 17 May 1999. The wills were identical; each spouse left his or her estate to the other, and then to Terry Marley, who they treated as their son.

By an oversight, the solicitor gave each spouse the other’s draft will, which were then signed in error.

Mrs Rawlings died in 2003. Her estate passed to Mr Rawlings without anyone noticing the error, which only came to light when Mr Rawlings died in August 2006. Mr and Mrs Rawlings’ two sons challenged the validity of the will that Mr Rawlings had signed. If it was invalid, Mr Rawlings would have died intestate and the sons would inherit the estate.

Mr Marley sought rectification of the will signed by Mr Rawlings under s 20 of the Administration of Justice Act 1982

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll