Continue reading "Rectification: Common sense or a slippery slope?"
Giles v Royal National Institute for the Blind & Ors [2014] EWHC 1373 (Ch)
Wills & Trusts Law Reports | October 2014 #143The claimant claimed as the administratrix of the estate of Ellen Bolton (Ellen) for rectification of a deed of variation by which she had purported to vary the will of Hilda Bolton (Hilda).
Hilda had died on 6 February 2006. Her sister, Ellen, died on 11 September 2007. By her last will Hilda had benefited Ellen in two respects: as the beneficiary of a specific devise of a particular freehold property (the property) at clause 2(a) of the will and also as the sole residuary beneficiary under clause 5 of the will. As Ellen survived Hilda these gifts took effect. The gifts were char...
Kevern v Ayres & anr [2014] EWHC 165 (Ch)
Wills & Trusts Law Reports | April 2014 #138Raymond Ayres deceased died intestate on 4 June 2008. The claimant is the deceased’s sister and the first defendant his wife.
As the deceased left no issue, his estate devolved according to the intestacy rules. Accordingly, his chattels and a statutory legacy of £200,000 went to the first defendant absolutely and the remainder of his estate was divided equally between the claimant and first defendant.
In these circumstances, the first defendant intimated a claim for reasonable financial provision from the deceased’s estate. Given the potential for post-death i...
Marley v Rawlings & anr [2014] WTLR 299
Wills & Trusts Law Reports | March 2014 #137Mr Alfred Rawlings and his wife Maureen Rawlings instructed a solicitor to draft their wills in mirror form. Each spouse intended to leave his or her entire estate to the survivor of them, but provided that, should the other have predeceased or survived them for less than a month, their estates should be left to the appellant, who was not related to them but whom they treated as their son. Mr and Mrs Rawlings’ solicitor attended them on 17 May 1999 to enable a due execution of draft wills containing these provisions. By an oversight, their solicitor gave each spouse the other’s draft wil...
Rectification: A case of doubt
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Rainbird & anr v Smith & ors [2012] EWHC 4276 (Ch)
Wills & Trusts Law Reports | November 2013 #134Doreen Gertrude Leader (the deceased) executed a will leaving the residue of her estate to her three daughters on the following terms:
‘I give my estate (including any property over which I may have general power of appointment or disposition by will) to my trustees upon trust…
(c) subject thereto hold the residue remaining and the income thereof (“my residuary estate”) UPON TRUST for such of them my daughters, the said JACQUELINE ANNE RAINBIRD JANET JONES of… and GWENDOLINE SMITH of… as shall survive me and if more than one in equal shares absolutely.’
J...
Re the Hampel Discretionary Trust 1999 [2012] EWHC 2395 (Ch)
Wills & Trusts Law Reports | October 2013 #133The claimants purchased a property in Cornwall in 1999. Their intentions were to create a discretionary trust of which they were to be the initial trustees, in favour of a class of beneficiaries consisting of their children and grandchildren and any further person or class of person nominated by the trustees. It was also intended that they should both be excluded from any possibility of benefit under the trust for inheritance tax reasons. In particular, they were concerned that there should be no reservation of benefit within the meaning of s102(1)(b) of the Finance Act 1986...
Joshi & ors v Mahida [2013] EWHC 486 (Ch)
Wills & Trusts Law Reports | June 2013 #130Kiritkumar Mahendersinh Mahida (testator) and his wife, the defendant, owned (inter alia) freehold property at 148-152 Leytonstone Road London as beneficial joint tenants. They were, however, separated when the testator made his last will (will) on 17 July 2002. After appointing the first and second claimants his executors and trustees, the testator gave certain property to his brother, the third claimant, and his three sons, the fourth to sixth claimants. In particular, by clause 3(c) he gave them an interest in the property at Leytonstone Road, but unfortunately expressed the ...
Kell v Jones & ors
Wills & Trusts Law Reports | April 2013 #128Mrs Joan Pittaway (the testatrix) made a will dated 15 December 2010 and died on 21 January 2011. Her will appointed Mr Kell as one of two executors.
Clause 4 of her will left pecuniary legacies to 15 named relatives and four charities (with £7500 in total left to charity). Clause 6 of the will left her residue to be paid ‘equally among such of the beneficiaries named in clause 4 as shall survive me and if more than one in equal shares’.
It was alleged that the testatrix wished her residue to be split only between family members and not the charities. The size...
Rectification: Examining intention and agreement
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