The Importance of Signing Wills Correctly
Couple who signed each others Wills by mistake cannot be rectified
Mr Marley applied to the Court to rectify the Will, so that the true intentions of Mr and Mrs Rawlings could be upheld. However the High Court and subsequently the Court of Appeal rejected Mr Marley’s claim, stating that although the Administration of Justice Act 1982 allowed for a Will to be rectified, rectification only applies to Wills that were valid in the first place. Because Mr and Mrs Rawlings’ Wills had not been signed in accordance with Section 9 of the Wills Act 1837, they were invalid and therefore not capable of rectification.
The solicitor who drew up the Wills and supervised their execution, also acted as a witness. Despite solicitors involvement in the execution, unfortunately accidents do still happen. At least in this case, Mr Marley the disappointed beneficiary, would have the option of pursing a professional negligence claim against the solicitors concerned and pursue restitution through their insurers.
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