Wills Set To Stand Despite Signature Errors

The Supreme Court has ruled that errors made in relation to the signatures on mirror Wills should not mean that the couple’s intended heir loses his inheritance, following a long-running legal battle in relation to the issue.

Marley v Rawlings and another related to Wills drafted by Maureen and Alfred Rawlings in 1999, in which they outlined plans to leave their estate to their adopted son Terry. However, an apparent oversight meant that they accidentally signed each other’s documents.

The will dispute came to court after Alfred Rawlings’ two sons argued that the Wills in questions must be treated as invalid as a result of the issue.

While the High Court had previously stated that it did not have the power to change the terms of the Will, meaning they should stand in their existing form, the Supreme Court has now stated the error should not mean the couple’s wishes are not met.

Lord Neuberger said in the judgment: “Whether the document in question is a commercial contract or a Will, the aim is to identify the intention of the party or parties to the document by interpreting the words used in their documentary, factual and commercial context.”

Expert Opinion

This judgment has put an important spotlight on the issue of clerical errors made in Will disputes, specifically that a mistake made in relation to signatures can be deemed as such. It has potentially widened the scope for applications for rectification to be made to correct errors made in relation to the preparation and execution of Wills. <br/> <br/>"It has also provided important clarity that basic and avoidable mistakes in the production of Wills should not mean that the wishes contained within – if outlined clearly and comprehensively – are disregarded. <br/> <br/>"It could be argued that the challenge in this case was brought on a technicality rather than due to concerns that the Wills did not reflect the true concerns of those who had passed away. <br/> <br/>"Ultimately, our advice would always be for those who are preparing Wills to do their utmost to prevent disputes, primarily by preparing a comprehensive and clear Will with professional support and ensuring loved ones are aware of the decisions made and the reasons behind them. Such steps could help to avoid any conflicts after a person has passed away. <br/> <br/>"However, we are acutely aware that this is not always possible in some cases and we would urge anyone with concerns over a loved one’s Will to always seek advice on their options in terms of claiming the inheritance that they believe to be theirs."