Premium
Where There's a Will There's a Way: M arley v R awlings and Another
Author(s) -
Goodwin James,
Granger Edward
Publication year - 2015
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12109
Subject(s) - doctrine , formality , scope (computer science) , meaning (existential) , law and economics , order (exchange) , rectification , economic justice , power (physics) , political science , law , sociology , economics , computer science , philosophy , epistemology , physics , finance , quantum mechanics , programming language
In M arley v R awlings and another , a unanimous S upreme C ourt has widened the scope of judicial power to rectify a will under section 20 of the A dministration of Justice Act 1982. An intended will that falls foul of formality requirements may now have such defects resolved by rectification, and the meaning of ‘clerical error’ – one of the two possible bases for invoking the rectification doctrine – has been expanded. The C ourt's decision to resolve the issue by this method rather than by recourse to the doctrine of construction may prove to have implications for the extended scope of the latter. Moreover, the recent award of a third party costs order in this case is also likely to have a significant impact on the manner in which similar disputes are conducted in the future.