Signature Error on Wills Over-Ruled

When Maureen and Alfred Rawlings made a 'mirror will' leaving their entire estate to a non-blood relative, little did they know that each signing the wrong will by mistake would end in a Supreme Court battle.

Despite the error which occurred back in 1999 when the Rawlings originally made the will, Lord Neuberger ruled that the mix up should 'not be allowed to disinherit the couples intended heir'.

Likening the case to a commercial contract, the ruling was made due to the'obvious oversight' which Lord Neuberger did not believe should invalidate the testators' wishes.

The testators each signed the others wills by mistake when they intended to leave their estate to Terry Michael Marley.  The error was discovered following the death of Alfred Rawlings.  Legal action followed when the two sons of the deceased claimed the mix up in signatures invalidated the wills.

In a High Court case held in 2012, the ruling stated there was no doubt the Rawlings wanted Marley to inherit their estate, however, it was not in their power to change the will.

In this important judgement recently, the Supreme Court has overturned the original ruling and given permission for the will to be rectified.  

Lord Neuberger added "Whether the document in question is a commercial contract or a will, the aim is to identify the intention of the party or parties to the document by interpreting the words used in their documentary, factual and commercial context."

If you would like to make a Will or discuss a probate matter with our confidential lawyers, call now on 0845 603 0708 or send an email to answers@nationalsolicitors.com

Lee Chadwick LLP

Oxford Wills and Probate Solicitors

Tel: 0845 603 0708