Make sure you sign your own will: the cautionary tale of Marley v Rawlings ========================================================================== ![Make sure you sign your own will: the cautionary tale of Marley v Rawlings](https://vardags.com/images/pictures/_360/65c815a03be8dc67c29df0a2132ec006.jpeg)The case of [*Marley v Rawlings*](https://www.bailii.org/uk/cases/UKSC/2014/2.html), decided by the Supreme Court last month, reminds us that signing the right will is important. At the end of a stressful deal, when you are faced with a pile of contracts to sign, it is important to make sure you sign the right documents. A will is no different to a contract, in that it is supposed to bind your executors to carry out your wishes. In the [case](https://www.bailii.org/uk/cases/UKSC/2014/2.html) of *Marley v Rawlings,* the husband signed his wife's will, and the wife signed her husband's will, by mistake. When the wife died, this was not noticed, but when the husband died, the husband's sons challenged the will, because they had been left out of it. You might think it is simple to remedy this error, but the formalities for signing wills are very strict. The law governing wills states clearly that the will must be signed by the testator, i.e. the person whose will it is. The sons argued that their father could not have approved of the will if he had not signed it. The Court of Appeal agreed with the sons. The judges in the Supreme Court disagreed. They said that in the same way that you interpret a contract, you must look at the *intention* of parties. You must also look at the overall purpose of the document, and apply common sense. They decided that you could rectify the mistake in the will so that the executors could obtain a grant of probate. The final decision may seem obvious, but the winning party still had to go all the way to the Supreme Court, in a case that was only worth £70,000. "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Wills & Trusts news ---------------------------- [An introduction to The Inheritance and Trustee Powers Act 2014](https://vardags.com/family-law/the-inheritance-and-trustee-powers-act-2014 "An introduction to The Inheritance and Trustee Powers Act 2014") [Law Society publishes practice note on Sharia law wills](https://vardags.com/family-law/law-society-sharia-law-wills "Law Society publishes practice note on Sharia law wills") [Make sure you sign your own will: the cautionary tale of Marley v Rawlings](https://vardags.com/family-law/sign-will-marley-v-rawlings "Make sure you sign your own will: the cautionary tale of Marley v Rawlings") [Estate planning: How can I keep my pets safe after my death?](https://vardags.com/family-law/pets-charitable-trusts "Estate planning: How can I keep my pets safe after my death?") [Leaving your estate in trust to avoid family feuds](https://vardags.com/family-law/leaving-your-estate-in-trust-to-avoid-family-feuds "Leaving your estate in trust to avoid family feuds") Articles by Christopher Hall ---------------------------- [An introduction to The Inheritance and Trustee Powers Act 2014](https://vardags.com/family-law/the-inheritance-and-trustee-powers-act-2014 "An introduction to The Inheritance and Trustee Powers Act 2014") [Law Society publishes practice note on Sharia law wills](https://vardags.com/family-law/law-society-sharia-law-wills "Law Society publishes practice note on Sharia law wills") [Make sure you sign your own will: the cautionary tale of Marley v Rawlings](https://vardags.com/family-law/sign-will-marley-v-rawlings "Make sure you sign your own will: the cautionary tale of Marley v Rawlings") [Estate planning: How can I keep my pets safe after my death?](https://vardags.com/family-law/pets-charitable-trusts "Estate planning: How can I keep my pets safe after my death?") [Leaving your estate in trust to avoid family feuds](https://vardags.com/family-law/leaving-your-estate-in-trust-to-avoid-family-feuds "Leaving your estate in trust to avoid family feuds")