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ARTICLE · 10 JULY 2012

Mirror Will Signed By Wrong Spouse

Hugh James
Hugh James
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Mr and Mrs Rawlings had identical wills prepared by their solicitor in which each left everything to the other. On the death of the survivor, the wills provided for everything to pass to Terry Marley, who they had treated as their son.

United KingdomFamily and Matrimonial
Matthew Evans
Matthew Evans

A mirror will that is mistakenly executed by the testator's spouse will not be retrospectively rectified following the decision in Marley v Rawlings (2011 EWHC 161 Ch).

Mr and Mrs Rawlings had identical wills prepared by their solicitor in which each left everything to the other. On the death of the survivor, the wills provided for everything to pass to Terry Marley, who they had treated as their son. However, an error in the execution of the wills whereby Mr and Mrs Rawlings each signed the will of the other spouse, was not picked up at the time and resulted in the combined estate passing to their two natural sons, under the intestacy rules. Mr and Mrs Rawlings had not mentioned their two natural sons in the wills and clearly did not intend them to benefit.

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