The Woodland Trust v Loring & ors [2014] EWCA Civ 1314

Wills & Trusts Law Reports | January/February 2015 #146

The Woodland Trust brought this appeal on the basis that the Chancery Court judge at first instance had not determined the construction of a will correctly. The matter involved the estate of Valerie Smith who died in 2011 leaving a will executed on 2 February 2001 which left her residuary estate (totalling £680,805), to her family (the respondents) and the Woodland Trust. The relevant clauses for construction were clauses 5 and 6. Clause 5 stated as follows:

‘MY TRUSTEES shall set aside out of my residuary estate assets or cash of an aggregate value equa...