Kelly v Brennan & ors [2021] WTLR 613

Wills & Trusts Law Reports | Summer 2021 #183

C was a brother of the deceased (PK). He was the executor of PK’s will and also a beneficiary. Ds were the adult children of PK’s sister. PK’s will divided the residue into ten equal shares (including a share for each of PK’s sister’s children). C brought a claim under s20 Administration of Justice Act 1982 (AJA 1982) for rectification of the will so that the residue would instead be divided into six equal shares (with one share being shared between PK’s sister’s children). The claim was opposed by D3 and D4.

PK ...