Source: All England Reporter
Publisher Citation: [2012] All ER (D) 194 (Oct)
Neutral Citation: [2012] EWHC 2883 (Ch)
Court: Chancery Division

Hildyard J

Representation Richard Wilson (instructed by Withers LLP) for the claimants.
Judgment Dates: 19 October 2012


Will - Construction - Intention of testator - Testator having no relations but being friendly with two families, including defendants - Testator making gift in handwritten will - Dispute arising as to wording of gift - Whether gift to be interpreted as providing equally for defendants.

The Case

Will Construction. The Chancery Division considered the interpretation of a gift made in the testator's will. The issue arose as to the manner in which the gift was to be divided between some or all of the 13 defendants, who were either friends of the testator or relatives of those friends. The Court held that, given the evidence about the testator's affection for the defendants and the way in which he had written the will, it was appropriate to divide the gift into 13 equal shares, with each defendant taking one share.

Practice Areas

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