A mistake in a Will meant a man had to go to Court to secure his inheritance from his great-uncle.
Leslie Fawdon, drew up a Will leaving half his estate to “my nephew Mark Parkinson of 215 Ditching Road, Brighton.” However, Mr Fawdon did not have a nephew and the address did not exist. This meant Justin Parkinson, Mr Fawdon’s great-nephew, of Ditchling Road had to go to the High Court to confirm he could claim his inheritance. The Judge agreed that the Will contained a “misdescription” and, as there was no Mark Parkinson in the family, the deceased intended his great-nephew to inherit.
Had there been a Mark Parkinson in the family, further confusion would have been caused and the Court may not have allowed the great-nephew all his claimed inheritance. Wills with mistakes and/or Wills that are unclear can lead to confusion and claims from family members believing they were meant to inherit.
Mistakes can happen, usually where addresses have uncommon spellings or a relative is known by an alternative name, e.g. where someone uses a middle name or nickname as a first name. Where a mistake has been made, a Deed of Variation can rewrite the Will to clarify or correct the error. However, if relatives cannot agree, then the matter will go to court. This may mean the estate will not be divided as the deceased intended. If the Will is declared invalid, then the estate will be divided according to intestacy rules.
If you would like to make a Will, please call 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.
