Will errors
Marley v Rawlings: correcting a will signed in error
An error at signing does not always end the inquiry. The nature of the mistake and the statutory power to rectify a will must be considered.
The issue and decision
A husband and wife mistakenly signed each other’s wills. The Supreme Court allowed rectification of the husband’s will so that it gave effect to his intentions. The clerical-error power was not confined to typing mistakes.
Why it matters
Rectification is not a general power to replace a will with whatever someone says the deceased wanted. Evidence of instructions, the drafting process and the precise error can be central. Statutory grounds and time limits need checking.
Keep the decisions distinct
The merits decision is [2014] UKSC 2. The same case page also includes the later costs decision, [2014] UKSC 51. When referring to Marley, identify which decision answers the question being considered.
This is a short explanation of the decision, not a substitute for the judgment. The official case page links to the full judgment. Application to a different case depends on its facts and the applicable law.
England and Wales. Sources checked 15 September 2026. General information, not advice on your circumstances. Fees, forms and the law can change; check the linked official source before acting. Other jurisdictions have different rules.