Wills & Trusts Law Reports | Summer 2021 #183C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.
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Kelly v Brennan [2020] provides welcome guidance on whether the court can rectify a foreign will and on time limits. Josh Lewison explains ‘Rectification is often run in the alternative to a construction claim. Construction claims have no time limit, so that if the court were inflexible in granting time extensions, the temptation would be …
Continue reading "Rectification: Which law applies?"
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Simon Blain and Hannah Mantle consider whether nuptial agreements have a role to play as to the division of assets on death ‘Where such a qualifying agreement purports to preclude claims being made pursuant to I(PFD)A 1975, such a provision is likely to weigh heavily in the court’s decision-making process.’ Provision may be made within …
Continue reading "Inheritance claims: Looking to the future"
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