ESTATE DISPUTES – First use of Marley ruling in will rectification The England and Wales High Court has applied the recent Supreme Court ruling in Marley v Rawlings to decide whether to rectify the will of Steven Huntley on clerical error grounds. The solicitor who drafted Huntley’s will had included a standard nil-rate-band discretionary trust clause created for use with the spousal exemption, when in fact the testator was not married to his partner (Brooke v Purton 2014 EWHC 547 Ch). the provision does not have specific application in Northern Ireland but the principles enunciated in this judgement are of importance both in Northern Ireland and Republic of Ireland will and probate cases.
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