The Supreme Court Rules an Error in a Will Should Not Necessarily Invalidate it

In the recently concluded case of Marley v Rawlings and Another [2014] UKSC 2, the Supreme Court ruled that an error relating to a signature in Wills or living Wills will not necessarily invalidate it.

Helen Vorley, of Astle Paterson’s Wills & Probate department said that:

In this case it was plain to see that both the husband and wife intended to sign their own Wills or living Wills – but unfortunately they signed each others. Whilst it has previously been set out that a Court does have power to rectify “clerical errors” made in Wills (usually typographical errors and the like), the Supreme Court has extended the meaning of “clerical error” in this case by ruling that the error in signing should not invalidate the Will. I believe the Supreme Court has taken a common sense approach to a what is a simple mistake.

However, I would advise caution; it will continue to be crucial that a draft Will or living Will is always read thoroughly and that people ensure they fully understand the effects of the Will before signing the document. If a Will is called into question, and the matter proceeds to Court, then the Court process itself can cause distress and upset for all involved and can place a financial strain on the parties. This can be avoided if all matters are properly carried out in the first place.

At Astle Paterson, we ensure that our Wills or living Wills are thoroughly checked before our clients sign their Wills – and further, we check the document again before placing it in our storage facility; after the Will has been signed.

Please contact Helen Vorley, of Astle Paterson’s Wills & Probate department on 01283 531366 or by way of email at hvorley@astlepaterson.co.uk to know more about Wills or Living Wills.

Please click here to view the judgment of Marley v Rawlings and Another [2014] UKSC 2.

What is a living will?

A living will, also known as an advance healthcare directive, is a legal document that allows individuals to express their preferences and instructions regarding medical treatment and end-of-life care in the event that they become unable to communicate or make decisions for themselves. Unlike a traditional will, which deals with asset distribution after death, a living will specifically addresses healthcare decisions while the individual is still alive.

Here are some key aspects of a living will:

1. Medical Treatment Preferences: A living will enables individuals to specify their preferences regarding medical treatment and interventions in various situations. This may include instructions about life-sustaining treatments such as artificial respiration, tube feeding, or resuscitation, as well as preferences for pain management, organ donation, and other medical procedures.
2. End-of-Life Care: A living will often includes instructions about end-of-life care and decisions related to palliative care, hospice care, and the withholding or withdrawal of life-sustaining treatments when there is no reasonable hope for recovery.
3. Health Care Proxy: In addition to expressing preferences, individuals may also appoint a healthcare proxy or agent who will make healthcare decisions on their behalf if they are unable to do so. The healthcare proxy is typically someone trusted, such as a family member or close friend, who understands the individual’s wishes and can advocate for their best interests.
4. Legal Validity: Living wills are legally binding documents, but the specific legal requirements and regulations can vary depending on the jurisdiction. It is important to ensure that the living will complies with the applicable laws in the relevant jurisdiction to ensure its validity and enforceability.
5. Communication with Healthcare Providers: It is essential to discuss the contents of a living will with healthcare providers, family members, and the appointed healthcare proxy. By having open and honest conversations, individuals can ensure that their preferences are clearly understood and that all relevant parties are aware of their wishes.
6. Review and Updates: It is recommended to regularly review and update a living will to reflect any changes in personal circumstances, medical advancements, or legal requirements. This helps ensure that the document accurately reflects an individual’s current preferences and instructions.

Living wills provide individuals with the opportunity to have their healthcare preferences respected and to alleviate potential burdens or conflicts among family members and healthcare providers. It is important to consult with an attorney or legal professional who specializes in estate planning or healthcare law to create a living will that aligns with the specific legal requirements and individual preferences.