Q&As
The widow of the testator was left a life interest in a property and 25% of income from a trust established by the Will in the following terms: ‘If I shall still own the property...at the date of my death I direct that my Executors...’. The property was subsequently sold, and an alternative matrimonial home purchased, but the Will clause was not amended. The new property is not referred to in the Will and has fallen into residue which makes no provision for the widow. Other than a deed of variation, is any other option available to remedy this situation?
Published on: 09 July 2020
The disappointed widow may wish to consider the availability of various remedies.
Rectification
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 view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.