Inheritance (Episode 1)

• Published date: 27 September 2023
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Lanyon Bowdler
• Author: Claire Vale

The first episode of a new series called "Inheritance" aired on Monday 4 September on Channel 5. It is a fact-based programme which examines inheritance cases that have been decided by the courts, including interviews with the original parties and their lawyers; there are also comments from a clinical psychologist on the psychological impact of these cases on the parties and their effect on family relationships.

This first episode dealt with two inheritance cases. The first one was a case which, uniquely, went all the way to the Supreme Court, the highest court in the land. It related to an application for the rectification of two wills belonging to a married couple (Mr and Mrs Rawling) who had mistakenly signed each other's wills because their solicitor, at a meeting, had accidentally handed them each other's will to sign.

Mr and Mrs Rawling had two sons, to whom they were not close. While the sons were growing up, Mr and Mrs Rawlings informally adopted a friend of one of their sons and took him in to live in their home. His name was Mr Marley. While the sons left home in due course, Mr Marley continued to live with Mr and Mrs Rawlings and later became their carer.

The programme went on to explain that Mr and Mrs Rawlings made a life-time gift of their home, worth about '400,000, to Mr Marley. They also made "mirror" wills, leaving the rest of their assets, said to be '70,000, to Mr Marley. The couple did not leave anything at all to their two sons.

When it was discovered that Mr and Mrs Rawlings had mistakenly signed each other's wills, Mr Marley made an application to the High Court for rectification of the wills. The application was made against Mr and Mrs Rawlings' sons, to whom the estates would pass on intestacy. Mr Marley, the beneficiary in the wills, argued that the wills should be rectified to give effect to the true intentions of Mr and Mrs Rawlings.

Section 9 of the Wills Act 1837 states that no will is valid unless it is in writing, is signed by the testator, or by some other person in his presence and by his direction, and it appears that the testator intended by his signature to give effect to the will.

The Administration of Justice Act 1982, section 20, enables the court to rectify a will to give effect to the testator's instructions if a mistake has been made, either by way of a "clerical error" or because of a failure to understand the testator's instructions.

At the High Court, the view was taken that Mr and Mrs Rawlings could not have...