Evans & ors v Lloyd & anr [2013] EWHC 1725 (Ch)

Wills & Trusts Law Reports | September 2013 #132

Wynne Evans (Wynne) died on 2 September 2006 at the age of 79. He had worked on a farm from the age of 14. The farm latterly belonged to the defendants, David Lloyd (David) and his wife Elizabeth Lloyd (Elizabeth). Previously it had belonged to David’s parents and grandparents.

There was an issue as to whether Wynne had died testate or intestate. The claimants argued he died intestate but the defendants argued that he died testate and that the will, of which David was residuary beneficiary, had been lost.

The first claimant Howell Evans (Howell) is Wynne’s sole ...

Construction Of Contracts: Unfavourable bargains

A recent case has demonstrated that the courts will not construe a contract so as to re-write an unfavourable bargain, as Nikolas Ireland finds out It is clear that, while the court is able to look elsewhere for assistance in the event of ambiguity in a document, and can correct a document where the parties …
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