In a recent landmark case, Nina Angelova succeeded in amending her late fiancé Peter John Bryant’s Will, rectifying a solicitor’s clerical error.
This decision by the High Court sets a precedent for addressing mistakes in legal documents, particularly Wills, highlighting the importance of accuracy in reflecting a person’s final wishes.
(Read Time: Approx. 5 minutes)
Topics Discussed:
- The importance of accurate Will drafting and the consequences of clerical errors.
- Legal recourse for correcting Wills that do not reflect the deceased’s intentions.
Rectifying Errors in Wills: A Case Study
Peter John Bryant passed away in December 2020, leaving behind a Will prepared by a northwest law firm.
This Will contained a crucial provision regarding Bryant’s interest in a German landholding partnership known as BCT.
The original wording stipulated that his fiancée, Nina Angelova, would only benefit from the trust if they were married at the time of his death.
However, this clause did not reflect Bryant’s actual intentions.
Bryant had intended to provide for Angelova irrespective of their marital status, as evidenced by a ‘revised plan’ he had shared with a solicitor.
Unfortunately, the solicitor who took over drafting the Will, admitted that the final document did not incorporate Bryant’s revised instructions, resulting in the controversial clause.
During court proceedings, it was established that the error was a straightforward clerical mistake.
Master Clark, the presiding judge, noted that the executors’ counsel and the solicitor herself acknowledged this oversight.
The court’s decision emphasised that Bryant had trusted his solicitor to execute his wishes accurately, underscoring the fiduciary duty solicitors owe to their clients.
Legal Implications and Responsibilities
This case brings to light the legal responsibilities of solicitors in Will drafting.
A solicitor’s failure to capture the client’s intentions accurately can lead to significant emotional and financial repercussions for the beneficiaries.
The court’s ruling in favour of rectifying the Will underscores the judiciary’s role in ensuring that legal documents accurately reflect the deceased’s intentions.
For Angelova, the court’s decision meant securing her intended share of Bryant’s estate, thus honouring his true wishes.
This case serves as a reminder to all involved in estate planning to meticulously review documents and to address any discrepancies promptly.
Summary
The case of Angelova and Bryant highlights the critical nature of precision in legal documents, particularly Wills.
Solicitors must ensure that every clause accurately reflects the client’s wishes to avoid unintended consequences.
When dealing with the loss of a loved one, the last thing you’d want to deal with is court proceedings
This is why you suspect an error in a legal document, it is crucial to consult a legal professional immediately.
Reach out to our professional team at Help Me Legal for assurance when planning your estate.
Call us at 01772 282768, fill in our contact form here, or reach out via our 24 hour WhatsApp at +447816848188.