Case: Re Segelman [1996] Ch 171

Austin v Woodward & anr [2011] EWHC 2458 (Ch)

The claim (issued on 3 November 2010) was made by the claimant for rectification of her mother’s will dated 6 October 2003 under s20 of the Administration of Justice Act 1982 and for permission to extend time for the issue of the claim form as probate of the will had been granted in June 2009. On the wording of the unrectified will a property, which was the claimant’s home, passed into residue in which the claimant had a life interest with remainder to the third and fourth defendants (the testator’s grandchildren). The testator’s previous will had provided that th...

Lines v Porter & ors [2011] EWHC 2310 (Ch)

Mr and Mrs L made wills in mirror terms leaving the property that they owned as tenants in common and which was their only substantial asset on trust for the survivor to live in and thereafter to Mrs L’s children from a previous relationship. There were substitutionary provisions that benefited one of Mrs L’s grandchildren, his father, Mrs L’s son, having died.

Mrs L died. Mr L brought rectification proceedings under s20 of the Administration of Justice Act 1982 on the basis that Mrs L had not intended for his life interest to be cut down on his...