Case of Angelova v Kershaw & Anor (Executors of the Estate of Peter John Bryant (Deceased)) [2024] EWHC 1830 (Ch) (24 July 2024)
Judgement
The judgement in this matter was handed down on 24 July 2024. It is an interesting claim for rectification of a Will under Section 20 of the Administration of Justice Act 1982. It is also an excellent example for Will writing solicitors to make sure their Will file notes and documents therein (letter of wishes & will) all tally up with the testator’s instructions.
The Legal Position
The Court has a power to rectify a Will under Section 20 of the Administration of Justice Act 1982 if:
(1) A Court is satisfied that a Will is so expressed that it fails to carry out the testator’s intentions, in consequence—
(a)of a clerical error; or
(b)of a failure to understand his instructions,
it may order that the Will shall be rectified so as to carry out his intentions.
Background
Nina Angelova (‘Nina’) met the testator in 2008 and was engaged to him from February 2020. The testator’s will was signed on 7 June 2020 and he sadly died on 8 December 2020.
The claim surrounded a discretionary trust within the will which only included Nina as a potential beneficiary provided that ‘[they] were married at the date of [his] death’. The claimant sought an Order that this clause in the will be rectified to read ‘Nina Angelova, whether or not we are married at the date of my death’.
As is often the case in rectification claims, the key evidence in this matter was the Will file itself. There had been correspondence back and forth between the testator and the solicitor, particularly in relation to the inheritance tax consequences if the parties were married or not at the time of death.
Within this correspondence, there was a table of beneficiaries prepared by the testator which clearly showed that Nina was to be a beneficiary of the discretionary trust, whether she was married to the testator or not.
Over the course of the instructions, numerous drafts had been sent back and forth between the testator and the solicitor for some time and it appears that the “marriage” issue had been simply forgotten by the solicitor.
The table provided by the testator had quite clearly not been transposed properly into the revised will by the acting solicitor. The solicitor admitted as much in cross examination. In light of this, there appeared to be no failure to understand the testator’s instructions. The solicitor had seen the table and understood its meaning, but had simply failed to transpose the contents into the Will, making this a clerical error case.
Master Clark in his Judgement confirmed that the only outstanding issue was whether the Will failed to carry out the testators intentions as a result of the acting solicitors clerical error. He found that this was the case and therefore made an Order rectifying the will as sought by the claimant.
There is nothing within the judgment referring to the costs of the proceedings. However, based on the Will file and admissions from the solicitor, one would expect that the Will writing solicitors will have been asked to pay the costs of these proceedings.
Our Wills, Trusts & Estate Dispute team can assist with all types of inheritance and Will disputes. For further advice please contact the team on 01484 821500 or email: willdisputes@ramsdens.co.uk.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.