Petterson v Ross & ors [2013] EWHC 2724 (Ch)

Wills & Trusts Law Reports | March 2014 #137

Mrs Ross, the testatrix, (T) had three adult children, the defendants: Diana (D), Lorenzo (L) and Gianni (G). T died on 13 July 2008 leaving a will dated 21 October 1988 (the will). At her death T held the following assets:

  1. a) 13 Kensington Gardens, Ferryhill, County Durham (13KG) where D had lived until she moved in with her partner. At T’s death the property was worth £125,000 but subject to a mortgage with £50,401.52 outstanding. 13KG was bequeathed to D ‘free from any mortgage or legal charge to which the same may be subject at the date of my death’. T...