Continue reading "Will construction: What constitutes a clerical error?"
Beasant v Royal Commonwealth Society for the Blind & ors [2022] WTLR 853
Wills & Trusts Law Reports | Autumn 2022 #188By her will (which was drafted by a legal executive of the third defendant), Audrey Thelma Anita Arkell (the testatrix) gave the ‘Nil-Rate Sum’ to the appellant. This was defined as:
‘… the largest sum of cash which could be given on the trusts of this clause without any inheritance tax becoming due in respect of the transfer of the value of my estate which I am deemed to make immediately before my death.’
Subsequent clauses gave her residence, personal chattels and specified shares to the appellant ‘free of inheritance tax’ and her net residuary es...
Bracey v Curley & anr [2022] WTLR 419
Wills & Trusts Law Reports | Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
Eade v Hogg & ors [2021] WTLR 507
Wills & Trusts Law Reports | Summer 2021 #183Mr Nodes (the deceased) passed away on 8 March 2019. The deceased’s estate included a large shareholding in a family company (the company). Each of the deceased’s wife and his former colleague (the claimant) also possessed small shareholdings in their own name. By his will, dated 22 October 2015, the deceased left his large shareholding in the company on trust for his wife for life, subject to an overriding power of appointment in favour either or both of his wife and his former colleague, allowing for an appointment of shares ‘up to such number… as shall when added to ...
Wills: Flexible interpretation
Continue reading "Wills: Flexible interpretation"
Wills: The law of unintended consequences
Continue reading "Wills: The law of unintended consequences"
Slattery v Jagger & ors [2015] EWHC 3976 (Ch)
Wills & Trusts Law Reports | March 2017 #167The 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...
Wills: For the record
Continue reading "Wills: For the record"
Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)
Wills & Trusts Law Reports | December 2015 #155This 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...