References: [2009] EWHC 1953 (Ch)
Links: Bailii
Coram: Norris J
Ratio: The deceased and his partner had made mirror wills. On the second death it appeared that a named residuary beneficiary did not exist. The claimant, with a similar name said it had intended to name him. The court considered whether it could be counted a clerical error allowing amendment.
Held: The intended reference had clearly been to a male member of the family and on the evidence it had intended to refer to the claimant.
Statutes: Administration of Justice Act 1982 20
This case cites:
- Cited – Re Resch’s Will Trusts; Vera Caroline Le Crasv Perpetual Trustee Company Limited PC ([1967] 3 All ER 915, [1968] 3 WLR 1153, [1969] 1 AC 514, Bailii, [1967] UKPC 23)
(New South Wales) The testator left a series of testamentary provisions including gifts which worked cumulatively. Lord Wilberforce discussed the breadth of evidence admissible in the probate court: ‘The principles which ought to be applied on such . . - Cited – Lamothe v Lamothe and Others ChD (Bailii, [2006] EWHC 1387 (Ch))
The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . . - Cited – Greenough v Martin (Commonlii, [1824] EngR 70, (1824) 2 Add 239, (1824) 162 ER 281)
A will and codicil pronounced for; and three intermediate codicils, propounded on behalf of legatees in the same, held to be invalid. In a Court of Probate, what instruments the testator meant to operate as, and compose, his will, is to be collected . . - Cited – Re Ofner; Samuel v Ofner ([1909] 1 Ch 60)
Amongst other legacies to various nieces and a nephew, the testator gave a legacy ‘to my grandnephew Robert Ofner’ of andpound;100 and to another ‘grandnephew Curt Ofner’ of andpound;100. However he had no such grandnephew or other relative of the . .
(This list may be incomplete)
Last Update: 18 September 2019
Ref: 368644
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