COVID-19 - We are open for business and here to help ->
Call Stirling 01786 235 235
Call Tillicoultry 01259 753 330
2 minutes reading time (318 words)

Supreme Court rules on wrongly signed will

The UK Supreme Court has recently given its judgment in an interesting English case that involved a legal challenge to the validity of a Will. The ruling allows the Will to be rectified, despite being wrongly signed.

The case concerned the Wills of a Mr and Mrs Rawlings, signed in May 1999. The Wills were short and identical in terms, with both spouses leaving their estate to the other. In the event that one spouse had already died, then the entire estate was to go to a man called Terry Marley.

Unfortunately, when it came to signing the Wills, an oversight meant that both parties signed the wrong Will – Mr Rawlings signed the Will meant for Mrs Rawlings, and she signed the one meant for her husband.

Mrs Rawlings died in 2003, and her estate passed to her husband without incident. However, when he died in 2006 the mistake in the signing of the Wills came to light.

The couple’s two sons, Terry and Michael Rawlings, challenged the validity of their father’s Will on the basis of the signing error. If they could prove that his Will was invalid then he would have died intestate, and they would inherit his estate. If the Will was found to be valid, its terms would stand and Terry Marley would inherit.

The court found in favour of the sons, but this was appealed by Terry Marley, eventually reaching the Supreme Court, which has now unanimously ruled in his favour. It held that the Will should be rectified so that it contains the typed parts of the Will signed by the late Mrs Rawlings in place of the typed parts of the Will signed by Mr Rawlings.

Contact our Solicitors

For further information on our services, please contact us today at our Stirling office on 01786 235 235 or at our Tillicoultry office on 01259 753330 to speak to our solicitors.

High demand for Help to Buy (Scotland) scheme
New Year’s Legal Resolutions – Put your affairs in
Please note that watersrule solicitors ARE NOT registered to provide Legal Aid or other types of Legal Financial Assistance.

Get in touch

We always aim to reply within 24 hours

Please let us know your name.
Please let us know your email address.
Please let us know your phone number.
Please let us know your email subject.
Please let us know your message.

“They were very thorough in their preparation, very realistic in their goals, worked to resolve issues and kept me very well informed.”

Michael, Tillicoultry