The Royal Society v Robinson & ors [2015] EWHC 3442 (Ch)

Wills & Trusts Law Reports | March 2017 #167

This was a claim to construe a will or, in the alternative to rectify it. Mr Michael Crowley-Milling (the deceased) died on 24 December 2012. His wife had pre-deceased him and he was survived by one niece, Mrs Lorna Joy Robinson and the children of his other niece (who had predeceased him) James Masterman and Rebecca Masterman (the next of kin). The deceased was a distinguished scientist and had decided to leave the bulk of his estate to the Royal Society.

The deceased left two wills: a Swiss will from February 2006 (the Swiss will) and an English will from October 2009 (the 2009 ...

Fielden v Christie-Miller & ors [2015] EWHC 2940 (Ch)

Wills & Trusts Law Reports | December 2015 #155

This hearing was part of the dispute over the succession to the Swyncombe Estate in Oxfordshire (see also [2015] WTLR 1165, [2015] EWHC 752 (Ch)). This hearing concerned three applications by Stephen Christie-Miller (Stephen) to re-plead his case.

The estate, which consists of land in and Swyncombe, is in two parts. One part is held upon the trusts of a settlement dated 18 February 1976 (the settlement) executed by Charles Wakefield Christie-Miller (Charles). The other part is held upon the trusts declared by the will of Charles’ son, William John Christie-Miller dated 15 March 19...

Reading & anr v Reading & ors [2015] EWHC 946 (CH)

Wills & Trusts Law Reports | September 2015 #152

John Reading died on 6 July 2005. He left a will dated 30 January 2004. He was survived by his wife, Janet; his two children, Stuart and Sally; and his three stepchildren, Neil, Ruth and Robin Sedgwick.

Under the will, Mrs Reading and Richard Flack were appointed trustees of a nil-rate band discretionary trust. The clauses of the will setting out the trusts of the nil-rate band trust included the testator’s ‘issue’ in the beneficial class. There was provision for such issue to be born at the testator’s death or thereafter during the trust period. Mrs Reading and Mr Flack brought a...

Brooke & ors v Purton & ors [2014] EWHC 547 (Ch)

Wills & Trusts Law Reports | June 2014 #140

In 2009 Steven Huntley (the deceased) sought the advice of a solicitor in relation to wills and inheritance tax planning. At the date of his death, 11 March 2011, the deceased’s estate was valued at £6.9m, which was comprised of a 90% shareholding in an unquoted company (£5.4m), real estate, vintage cars and cash. The deceased’s estate was substantially similar in 2009.

The deceased had wanted to leave his estate equally between his partner, Louise, and his five children. He had expressed concerns to his solicitor about leaving substantial assets to his children outright and his s...

Austin v Woodward & anr [2011] EWHC 2458 (Ch)

Wills & Trusts Law Reports | May 2012 #119

The claim (issued on 3 November 2010) was made by the claimant for rectification of her mother’s will dated 6 October 2003 under s20 of the Administration of Justice Act 1982 and for permission to extend time for the issue of the claim form as probate of the will had been granted in June 2009. On the wording of the unrectified will a property, which was the claimant’s home, passed into residue in which the claimant had a life interest with remainder to the third and fourth defendants (the testator’s grandchildren). The testator’s previous will had provided that th...

Will Drafting: Proceed with caution

Austin v Woodward clarifies the limits of ‘clerical error’ as a ground for rectification, as Michael O’Sullivan explains ‘Many cases of rectification are effectively uncontested because the solicitor draftsman and their insurers have an interest in the application succeeding.’ The case of Austin v Woodward & anor [2011] concerned an application for rectification of a …
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