Spurling v Broadhurst confirms the court’s current approach in placing emphasis on the intention of the testator rather than strict rules of will construction. Daisy Boulter investigates ‘The court in Spurling took a broad range of evidence into account, including the testator’s characteristics, in deciding how to construe the gift in remainder clause.’ In Spurling …
Continue reading "Residuary Gifts: Intention not precedent"
This post is only available to members.
Wills & Trusts Law Reports | November 2012 #124Bernard Trevor Matthews (testator) died on 25 November 2010 and was survived by the defendants, who were his son, longstanding partner and three adopted children respectively. His estate included a property in France called Villa Bolinha estimated at €15m and property elsewhere estimated at £40m. Although (as he was aware) French law only permitted the testator to leave the second defendant 25% of Villa Bolinha since his children were as of right entitled to 75%, he made a will in France (French will) leaving it to her absolutely. By a letter of wishes, he nevertheless hoped that his chi...
