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Judgment on ' clerical errors' in Wills - Marley (Appellant) v Rawlings and another

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  • Judgment on ' clerical errors' in Wills - Marley (Appellant) v Rawlings and another

    Marley (Appellant) v Rawlings and another (Respondents)

    Couple prepared Wills which were the same in every respect passing everything to one another on death and to the appellant thereafter. When signing the wills the solicitor made a mistake and each signed the others will.

    The Will was challenged by the couples son's because of the signatures and the Supreme Court found it was deemed a clerical error and thus rectifiable and the Will stood.

    86. I would therefore allow this appeal, and hold that the Will should be rectified so that it contains the typed parts of the will signed by the late Mrs Rawlings in place of the typed parts of the will signed by Mr Rawlings.

    I thought this may be useful for people with enquiries over validity of Wills due to clerical errors.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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