Wills & Trusts Law Reports | Spring 2019 #174The claimants were the trustees of the trusts arising under the wills of Violet Hamblen-Thomas (Violet) and Charles Hamben-Thomas (Charles). They had issued a Part 8 claim form seeking the guidance of the court as to the true construction of the will trusts and as to the identification of the beneficiaries, represented by the defendants. Apart from her only son, Edwin Hamblen-Thomas (Edwin), Violet had a life-long friend, Enid Simpson, whose daughter was the first and second defendant (Victoria). Violet, by her will dated 16 December 1968 (Violet’s will), gave Charles a life interest in ...
Justin Holmes suggests a modern take on decided cases is needed to reflect the intentions of the 21st century testator ‘The 21st century problem which arose for the trustees was that, on the face of the will, the gifts to Enid and Victoria in clause 5 might both have failed, and in that event there …
Continue reading "Wills: A question of construction"
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Nadia Cowdrey sets out the lessons to be learned from Beard v Shadler, in which the intention behind the whole will was analysed to avoid a partial intestacy ‘ Beard provides a good illustration of the need to consider the will, read as a whole, when matters of construction arise and that the outcome of …
Continue reading "Wills: An extension of words"
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