Wills & Trusts Law Reports | Autumn 2019 #176The claimants were practising solicitors and trustees of a trust created by the will of John Hine (T) who died on 4 January 1992. T had had four children. Two, Beryl Clowes and John Hine, were the third and fourth defendants. One, Philip Hines, pre-deceased T leaving two children, Judith Barlow and Janet Lomax, the first and second defendants. The fourth, Basil Hine, had survived T but died before the proceedings were issued leaving a widow, Barbara Hine, who was the fifth defendant.
T had been the sole freehold owner of the family farm, Brown Edge Farm. Clause 3 of his will devis...
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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