Wills: Timed out?

5 Stone Buildings | Trusts and Estates Law & Tax Journal | October 2019 #210
Will drafters need to be careful of how they frame conditions applying to testamentary gifts. Michael O’Sullivan explains ‘The judge held that ignorance of the condition did not make it impossible or incapable of fulfilment in the sense required in the authorities which Judith and Janet had relied on.’ The case of Naylor v Barlows …

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Hives v Machin [2017] WTLR 983

Wills & Trusts Law Reports | Autumn 2017 #169

This claim concerned the proper construction of the will of Mrs Bastubbe (‘the Testatrix’). The Testatrix had three sons, Christopher, Eric (the Claimant’s father) and Peter (the Defendant). The Testatrix made her last will in 2003 at a time when all three of her sons were living. The Defendant had one son and one daughter, and the Claimant was Eric’s only daughter. The deceased would have been aware in 2003 that Eric had a chest complaint that caused him breathing difficulties and that Christopher was suffering from illness relating to drug addiction. Christopher in fact predeceased the...

Rainbird & anr v Smith & ors [2012] EWHC 4276 (Ch)

Wills & Trusts Law Reports | November 2013 #134

Doreen Gertrude Leader (the deceased) executed a will leaving the residue of her estate to her three daughters on the following terms:

‘I give my estate (including any property over which I may have general power of appointment or disposition by will) to my trustees upon trust…

(c) subject thereto hold the residue remaining and the income thereof (“my residuary estate”) UPON TRUST for such of them my daughters, the said JACQUELINE ANNE RAINBIRD JANET JONES of… and GWENDOLINE SMITH of… as shall survive me and if more than one in equal shares absolutely.’

J...