A Couple made identical wills in 1999. Each spouse left the other their entire estate; if the other had already died then the estate was then to be left to Terry Marley; a non-relative but someone who was treated as their son. The two sons of the couple were not named as beneficiaries. A clerical error resulted in the couple signing each other’s wills.

Mrs Rawling Died in 2003 and her estate passed to her Mr Rawling without anyone noticing the Error. However when Mr Rawling died in 2006, the error came to light. The couple’s sons therefore challenged the validity of the Mr Rawling’s will.

The Court of Appeal upheld the initial judge’s decision in that the will was invalid and so the two sons would inherit Mr Rawling’s estate.

The Supreme Court held that this couple in fact intended to leave their estate to Mr Marley. It was held that the will should be rectified on the basis that there had been a clerical error. This decision therefore widens the Courts powers to rectify wills on the basis of clerical errors.