The Woodland Trust v Loring [2014] demonstrates the importance of determining the testator’s exact intentions. Marilyn McKeever explains ‘As most practitioners do not possess a fully functioning crystal ball it would be prudent to discuss with a testator what their intentions are in general terms in order to understand the “purposes and values” intended to …
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Wills & Trusts Law Reports | January/February 2015 #146The Woodland Trust brought this appeal on the basis that the Chancery Court judge at first instance had not determined the construction of a will correctly. The matter involved the estate of Valerie Smith who died in 2011 leaving a will executed on 2 February 2001 which left her residuary estate (totalling £680,805), to her family (the respondents) and the Woodland Trust. The relevant clauses for construction were clauses 5 and 6. Clause 5 stated as follows:
‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equa...
