Wills & Trusts Law Reports | Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
Fiona Campbell-White and Henrietta Watson discuss the current approach of the courts to the construction and rectification of wills ‘When interpreting a contract, the aim is to identify the intention of the party or parties to the document by interpreting the words used in their documentary, factual and commercial context without reference to any subjective …
Continue reading "Wills: Flexible interpretation"
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Using standard wording for survivorship clauses in mirror wills can lead to errors. Tim Adams and Scott Taylor examine the High Court’s current approach to will-drafting mistakes ‘The ordinary and natural meaning of the survivorship clause is that anyone who is named in the will must survive the testator by 28 days in order to …
Continue reading "Wills: The law of unintended consequences"
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