Mixed-Up Mirror Wills: Rectification Allowed in Canada, Not in U.K.
In the recent decision of Marley v. Rawlings 2012 EWCA Civ 61, the England and Wales Court of Appeal ("EWCA") recently held that mirror wills executed by a couple are void because each spouse mistakenly signed the other's will, and held that the court did not have jurisdiction to permit rectification in such circumstances. This decision stands in contrast to Canadian jurisprudence on point. In Marley v. Rawlings, the testators were an elderly married couple, Alfred Rawlings and Maureen Rawlings. In 1999, they instructed their lawyer to prepare mirror wills....
Published By: Justia - Thursday, 16 February