Incorrectly signed Will can be rectified

The UK Supreme Court has recently ruled on the validity of a Will by a man who mistakenly signed his wife's 'mirror' Will instead. It is an interesting example of the need to get the formalities right when making a Will.

The Will in question belonged to a man called Alfred Rawlings who, along with his wife Maureen, had met with a solicitor in May 1999 to execute their Wills. Both Wills were short and, except for the differences required to reflect the maker, identical, leaving his or her entire estate to the other or, if the other had already died, to a Mr Terry Marley.

Sadly, a mistake by the solicitor meant that Mr Rawlings signed the Will meant for Mrs Rawlings, and vice versa. The error did not come to light until Mr Rawlings died, three years after his wife.

The Rawlings' two sons challenged the Will, on the basis that if it was invalid then they would inherit the estate under the rules of intestacy.

The case went all the way to the Supreme Court, which has now held 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.

The circumstances of this British case are highly unusual, but Will disputes are not that uncommon. We often see clients concerned about the circumstances surrounding the signing of a loved one's Will – particularly in relation to the fairness of the Will and the mental capacity of the person making the Will.

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If you are thinking of contesting, making or updating a Will then contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.