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Communication breakdown

Mark Dubbery explains how Re Murray offers valuable guidance on the interpretation of clerical errors in drafting

19 March 2012

Murray, Turk & Murray v Robertson & Barrett was heard before Robert Miles QC sitting as a deputy judge of the Chancery Division on 7 and 8 February 2012. It is as yet unreported, although was picked up by The Daily Telegraph on 14 February 2012. The case concerned an application pursuant to section 20(1) of the Administration of Justice Act 1982 for the rectification of the will of Bridget Murray who died on 27 July 2010, aged 87 years (‘the deceased’).

Taking issue

The deceased’s last will was made four months earlier on 23 March 2010. Bridget left three children: David, Catherine and John (the claimants). ?A fourth child Monica had predeceased her mother in 2007. Monica had two (now adult) children: David and Caroline (the defendants). Following Monica’s death, the deceased had updated her will so as to leave her residuary estate to her three surviving ...

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