Re Martin: rectification of a will - the right result for the wrong reason?

JR Kerridge, AHR Brierley

Research output: Contribution to journalArticle (Academic Journal)

Abstract

Analyses the Chancery Division decision in Clarke v Brothwood on whether a error in a will prepared by a solicitor, which by referring to a "twentieth" rather than a "twenty per cent" share in the residue going to each of the testator's four godchildren resulted in sixty per cent of the residuary estate being undisposed, could be rectified. Discusses the judge's finding that the error was a "clerical" error for the purposes of the Administration of Justice Act 1982 s.20(1)(a) even if it occurred as a result of the testator having wrongly stated the proportion each godchild was to receive.
Translated title of the contributionRe Martin: rectification of a will - the right result for the wrong reason?
Original languageEnglish
Pages (from-to)558 - 563
Number of pages6
JournalConveyancer and Property Lawyer
Volume2007
Publication statusPublished - Nov 2007

Bibliographical note

Publisher: Sweet and Maxwell

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