The following Wills & Probate Q&A Produced in partnership with Emma Holland of Stewarts Law provides comprehensive and up to date legal information covering:
The disappointed widow may wish to consider the availability of various remedies.
If it is considered that the testator intended (at the point the Will was executed) to make these gifts regardless of whether the specified property had been sold and replaced, a claim could be made for rectification under section 20 of the Administration of Justice Act 1982 (AJA 1982). This provides:
‘…(1) If a court is satisfied that a will is so expressed that it fails to carry out the testator’s intentions, in consequence—(a) of a clerical error; or(b) of a failure to understand his instructions,it may order that the will shall be rectified so as to carry out his intentions.’
‘…(1) If a court is satisfied that a will is so expressed that it fails to carry out the testator’s intentions, in consequence—
(a) of a clerical error; or
(b) of a failure to understand his instructions,
it may order that the will shall be rectified so as to carry out his intentions.’
As noted in Practice Note: Validity of Wills—rectification of Wills:
any application for rectification should be made within six months of the date of the grant of representation relating to the deceased’s estate, otherwise court permission will be required
the court’s power of rectification is discretionary and it may be reluctant to exercise it if there is an alternative
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.