New Hope for Claimants on Will "Mix-Ups"
The Supreme Court has recently ruled that a couple's intended heir should not be disinherited by a mixup in the signing of their Wills. The case concerned "mirror Wills" in which Maureen and Alfred Rowlands intended to leave their entire estate to a Mr Terry Marley, who was not a blood relation.
Unfortunately, due to an oversight by the solicitor, the two accidentally signed each other's will.
Until now, most lawyers would have assumed that the Wills would have been invalid. The Supreme Court held however, that the Court's aim is to identify the intention of the party or parties to the wills by interpreting the words used in the documentary, factual and commercial context.
Jan Samuel, senior partner at Samuels Solicitors said "this case underlines the importance of seeking specialist legal advice when it comes to errors or misunderstandings concerning wills. It also demonstrates how vital it is that wills are properly drafted and signed".
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