McHale & Co. Solicitors Blog

Will recent wills ruling be a bean-feast for litigators?

Richard Roberts Chair of the Law Society Wills and Equity committee has said that the recent judgment of the Supreme Court in the case of Rawlings, could lead to more practices bringing cases to Court over clerical errors.


We here think that the Rawlings judgment was a victory for common sense, and because each case will be dealt with on its own facts, the idea that the Supreme Court has opened up the floodgates to more litigation seems to be over-stating the position somewhat.


Whilst clearly some claims that would not previously have been brought will now find their way to Court, this appears to be in the overall interests of justice. The Court will now give expression to the clear wishes of a testator and not deprive beneficiaries their due entitlement. The number of such cases may well cause a trickle but hardly a flood. 


So once again we say "well done" to the Supreme Court.  One can despair at the inflexibility of the law on some occasions, especially where it leads to obvious injustice.  So if a few more just cases are brought to Court on the back of the Rawlings judgment then good. It is the role of the Courts to offer justice, not act as a bar to it.


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