A mix-up in signatures on mirror wills should not be allowed to disinherit a couple’s intended heir, the Supreme Court ruled today.
Giving judgment in the case of Marley v Rawlings and another, Lord Neuberger said that the wills of Maureen and Alfred Rawlings should be treated in the same way as a commercial contract in that an obvious oversight should not be allowed to invalidate the testators’ wishes.
In today’s Supreme Court judgment Lord Neuberger said: ‘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.’
Hooray for common sense – not always applied at law! For the full report, please see the following link: