The Court of Appeal recently considered a case where a husband and wife each mistakenly signed the others will instead of signing their own. Despite the obvious a mix up, the Court with some regret declared that neither were valid, which resulted in a declaration that the couple had died intestate. There are times when the courts will read additional words into contracts or grant an order to rectify a contract so as to give the agreement its intended meaning, but the court did not feel they had the flexibility to correct this mistake. Whilst we would like common sense to prevail, decisions like this make it clear that the devil really is in the detail.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
Even where there is a will – there is sometimes no way
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
”Lexology is a useful and informative tool. I keep copies of relevant articles and often forward them to colleagues. Although I do not know all of the authors/firms, by reading their articles I do gain an understanding of...
”Lexology is a useful and informative tool. I keep copies of relevant articles and often forward them to colleagues. Although I do not know all of the authors/firms, by reading their articles I do gain an understanding of their appreciation of a topic, and should the need arise I would not hesitate to contact them on those topics.”
Legal Department Administrator
Jovian Capital Corporation