Marley v Rawlings [2011] WTLR 595 ChD; [2012] WTLR 639 CA; [2014] WTLR 299 SC; [2014] WTLR 1511 SC (costs) – Page 3

Musings From Manchester: Plus ça change

Geoffrey Shindler considers how the court dealt with will and trust disputes in 1914 ‘Despite the fact that people have been dying ever since they were born and that trust law in this country is probably 700 years old, we were (and still are) finding problems that the law has not previously resolved.’We are going …

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Rectification: Common sense or a slippery slope?

Alison Regan analyses the implications of the Supreme Court decision in Marley v Rawlings ‘Lord Neuberger stated that Mr Rawlings had signed a document which he believed to be his will in the presence of two witnesses and that he had to be the testator as he had signed the will.’ On 22 January 2014 …

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Introduction: A choice selection

Nicholas Le Poidevin QC introduces an issue devoted to articles by New Square Chambers ‘Private client work gives rise to a dense variety of disputes hard to match in any other area of legal practice. We hope that readers will find this special issue of the Trusts and Estates Law & Tax Journal both useful …

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Swapped Wills: Signing your life away

The Court of Appeal’s decision in Marley v Rawlings was the correct one, as Alexander Learmonth reports ‘The existing cases on s20 of the Administration of Justice Act 1982 have already taken rectification about as far as it should go; and there is no scope for using the section to correct other sorts of errors, …

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