Probate Disputes: Rectification of Invalid Wills
The Supreme Court in Marley v Rawlings (2014) ruled that a wrongly executed will can be rectified under section 20 of the Administration of Justice Act 1982 to reflect the testator’s true intentions. Despite formal defects under section 9 of the Wills Act 1837, a “clerical error” like signing the wrong will does not prevent rectification. This decision supports prioritising the testator’s intent over strict formalities in probate disputes.