Wills & Trusts Law Reports | March 2017 #167The claimants (the executors of the estate of Mr Jagger) applied for construction or alternatively rectification of the last will of Mr Jagger dated 10 June 2011 (the 2011 will). It was common ground that the 2011 will was valid and revoked an earlier will dated 5 April 2007 (the 2007 will).
Mr Jagger made the 2011 will following the death of two of his sons from his first marriage. It was professionally drafted. Under the 2007 will his second wife received a life interest in the matrimonial home. The 2011 will represented a departure from this intention.
The 2011 will cont...
IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Ltd updates the position on rectification and pension trusts. Emily Campbell looks at the implications Frequently, parties cannot remember exactly what was said at meetings (unless it found its way into the minutes). The area of rectification is a fertile source of case law. …
Continue reading "Rectification: Examining intention and agreement"
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