||All England Reporter
|| All ER (D) 194 (Oct)
|| EWHC 2883 (Ch)
||Richard Wilson (instructed by Withers LLP) for the claimants.
||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.
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.
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