- Application of English Law of Rectification to an Irish Will (Kelly v Brennan  EWHC 245 (Ch))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The recent decision in Kelly v Brennan is significant in that the court held that it was able to rectify a Will by applying the domestic law of rectification to a Will that was made in the Republic of Ireland. Although the court may apply domestic law to a foreign Will where it is concerned with issues of formal validity, material validity and interpretation and where the testator was domiciled within the jurisdiction, this was the first occasion on which the court was called upon to decide if the domestic law of rectification should be applied in the same way. Written by Michael Bowmer, barrister, at 4 New Square Chambers.
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