Will construction: What constitutes a clerical error?

Kevin Kennedy and Justine Reid analyse a case that outlines the steps taken for interpreting a will as well as the scope of the Administration of Justice Act 1982 The issue for the court was whether a solicitor copying and pasting a clause from a precedent bank that did not reflect the testator’s intention, and …
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Will construction: Context is key

Interpreting wills is not a question of dictionary definitions. Elis Gomer examines a case that underscores this principle It is unhelpful to stick too dogmatically to the ‘dictionary’ meaning of a word or term when there is a likelihood that it is being used – for whatever reason – in an unconventional way. The recent …
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Wills: Trial and error

Alexander Learmonth QC and James McKean report on a case on construction and rectification If the will does not accord with the deceased’s intentions, the wrong is irreversible. Correcting that wrong must be more important than classifying how it came about. There is a will, a company, and two beneficiaries. The will gives 26% of …
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