Low Ah Cheow v Ng Hock Guan reveals the risk of delegating will drafting without care in conveying the testator’s intentions. Nisha Singh examines the case ‘Where a particular interpretation that is ambiguous on its face leads to a result that is irrational or capricious, the court will prefer an alternative interpretation that leads to …
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Wills & Trusts Law Reports | May 2012 #119Mr and Mrs L made wills in mirror terms leaving the property that they owned as tenants in common and which was their only substantial asset on trust for the survivor to live in and thereafter to Mrs L’s children from a previous relationship. There were substitutionary provisions that benefited one of Mrs L’s grandchildren, his father, Mrs L’s son, having died.
Mrs L died. Mr L brought rectification proceedings under s20 of the Administration of Justice Act 1982 on the basis that Mrs L had not intended for his life interest to be cut down on his...