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...
The Brindle Estate near Chorley belonged to Patience Aspinall, who died in 1985. The Estate passed to her sister Honour Ruth (‘Miss Aspinall’) as her executor and sole beneficiary. In the early 1990s, the Brindle Estate was subject to compulsory purchase for the construction of the M65 motorway over the northern part. By February 1994, the Department of Transfer had entered upon the land for the purpose of commencing construction. Miss Aspinall received interim payments on account of the compensation payable to her arising from construction of the M65, in particular, £46,727 in October 1...
This was a claim to construe a will or, in the alternative to rectify it. Mr Michael Crowley-Milling (the deceased) died on 24 December 2012. His wife had pre-deceased him and he was survived by one niece, Mrs Lorna Joy Robinson and the children of his other niece (who had predeceased him) James Masterman and Rebecca Masterman (the next of kin). The deceased was a distinguished scientist and had decided to leave the bulk of his estate to the Royal Society.
The deceased left two wills: a Swiss will from February 2006 (the Swiss will) and an English will from October 2009 (the 2009 ...
The claimants (the executors of the estate of Mr Jagger) applied for construction or alternatively rectification of the last will of Mr Jagger dated 10 June 2011 (the 2011 will). It was common ground that the 2011 will was valid and revoked an earlier will dated 5 April 2007 (the 2007 will).
Mr Jagger made the 2011 will following the death of two of his sons from his first marriage. It was professionally drafted. Under the 2007 will his second wife received a life interest in the matrimonial home. The 2011 will represented a departure from this intention.
The 2011 will cont...
By clause 3 of his will dated 19 August 2011 (2011 will) Eric Arnold (estator) gave his beneficial half share of 1 Sherbuttgate Road, Pocklington (house fund) to the claimants (trustees) upon trusts that conferred a life interest on the defendant with remainder ‘upon the trust hereinafter declared in regard to my residuary estate’. The residuary estate was given to the defendant in absolute terms with a gift over, if she failed to survive the testator, to such of her children and her daughter in law as should be living at his death and if more than one in equal shares absolutely...
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The claimant sought by way of summary judgment a declaration as to the true construction of a will or alternatively an order for rectification of the will pursuant to s20(1) of the Administration of Justice Act 1982.
The deceased died on 20 July 2011. His will took the form of a letter addressed to a solicitor. Both parties accepted that the document was a will and had been admitted to probate. One of the executors obtained a grant of probate on 23 August 2012.
The will contained a bequest in the following terms: ‘My property 87 Loma Del Rey, Alcadesa, Spa...
This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.
The estate, which consists of land in and Swyncombe, is in two parts. One part is held upon the trusts of a settlement dated 18 February 1976 (the settlement) executed by Charles Wakefield Christie-Miller (Charles). The other part is held upon the trusts declared by the will of Charles’ son, William John Christie-Miller dated 15 March 19...
By her will dated 10 November 2009 the deceased was expressed to give ‘all my personal property of whatsoever and wheresoever situated to my trustees on the following trusts:
3.1 To pay my just debts, funeral and testamentary expenses.
3.2 For Patrick absolutely.
3.3 Provided that if Patrick should not survive me, then my Trustees shall hold my residuary estate as follows:
4.1 as to one tenth to Douglas Victor Harris
4.2 as to one part to Michael Harris
4.3 as to one part to Pamela Ellen How
4.4 as to one part to Sybil Maisie Wickens
<...John Reading died on 6 July 2005. He left a will dated 30 January 2004. He was survived by his wife, Janet; his two children, Stuart and Sally; and his three stepchildren, Neil, Ruth and Robin Sedgwick.
Under the will, Mrs Reading and Richard Flack were appointed trustees of a nil-rate band discretionary trust. The clauses of the will setting out the trusts of the nil-rate band trust included the testator’s ‘issue’ in the beneficial class. There was provision for such issue to be born at the testator’s death or thereafter during the trust period. Mrs Reading and Mr Flack brought a...