Slattery v Jagger & ors [2015] EWHC 3976 (Ch)

Wills & Trusts Law Reports | March 2017 #167

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...

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...

Kell v Jones & ors

Wills & Trusts Law Reports | April 2013 #128

Mrs Joan Pittaway (the testatrix) made a will dated 15 December 2010 and died on 21 January 2011. Her will appointed Mr Kell as one of two executors.

Clause 4 of her will left pecuniary legacies to 15 named relatives and four charities (with £7500 in total left to charity). Clause 6 of the will left her residue to be paid ‘equally among such of the beneficiaries named in clause 4 as shall survive me and if more than one in equal shares’.

It was alleged that the testatrix wished her residue to be split only between family members and not the charities. The size...