- Rectification of Wills due to clerical error (Barrett v Hammond)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The court held that the Will of Dr Robert Munroe Black should be rectified so as to distribute his residuary estate between named beneficiaries as opposed to leaving a partial intestacy. The Will had initially divided the residuary estate into 52 parts, apportioned between 14 beneficiaries. By way of a codicil the deceased had revoked certain gifts and failed to make compensating provisions, leaving eight parts unaccounted for. The question was whether the Will could be rectified under section 20(1) of the Administration of Justice Act 1982 (AJA 1982). The court found on a number of bases that the intention of the testator had been to dispose of his entire estate and the solicitor had made a clerical error by not adjusting the totality of parts when preparing the codicil revoking the relevant gifts. Written by Adam Stewart-Wallace, barrister at Ten Old Square.
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