20 July 2011 - High Court rectifies will in Austin v Woodward

Daniel Alexander QC, sitting as a Deputy Judge in the Chancery Division, has upheld a claim for rectification of a will which had been incorrectly draft owing to the mis-use of a new precedent.

The claimant, Ms Caroline Austin, applied for rectification of her deceased mother's will under section 20 of the Administration of Justice Act 1982 ('the 1982 Act') on the grounds that it contained either a clerical error or reflected a failure to understand the instructions of her mother as to what the will should contain.

The claimant's mother had made an earlier will in 1993 which gave a property to her husband, unless he predeceased her, in which case the claimant received the property. It was the deceased's intention that the same provision be made in her last will, which was executed in 2003. However, owing to the precedent used, the gift in the 2003 will failed totally when the deceased's husband pre-deceased her, meaning that the claimant did not get the property under the will as drafted.

The High Court held that the use of the new precedent without any thought having been given to its impact on the intended gift amounted to a clerical error within section 20 of the 1982 Act. The will was accordingly rectified to bring it in line with the testator's intention.

Michael O'Sullivan appeared for the executors.