Mistaken Execution Of Wills

In a recent case of Marley v Rawlings it was revealed that a married couple, attempting to make mirror wills, had mistakenly executed each other’s wills rather than their own, and were therefore held to be intestate.

In this instance it seems that the Solicitors who allowed this to happen were following best practice procedures, and the incorrect signing was merely an oversight. The couple signed in front of their independent witnesses and their solicitors and the error was only discovered on the second death. They had wished to leave their estate to each other and then to a person they treated as an adopted son. However, the Chancery Division’s decision that the wills were invalid meant all the assets then went to their natural children under the rules of intestacy.

There is of course the possibility of a negligence claim on the part of the ‘adopted son’ against the Solicitors in this instance, allowing for a possible recovery of the majority of the inheritance. It should also be remembered that the situation could have been much worse. If the couple had used a will-writer without insurance, or a do-it-yourself will kit, then no such claim would be possible.

A clear message then to people intending to make a will (and to solicitors), to not forget the simple things amidst the raft of complicated issues that arise from making a will.

Robin Gambles

Published on 27/05/2011