Partington v Rossiter [2022] WTLR 257

Wills & Trusts Law Reports | Spring 2022 #186

The deceased was domiciled in Russia and entitled to assets in Jersey. He made a will in the UK in 2013. He had initially prepared a draft himself, which defined his estate as his property, money and investments in the UK, and made specific legacies to his children in respect of his Jersey assets. The deceased’s solicitor advised him that the will did not need to refer to specific assets and it was redrafted. Clause 1 of the executed will stated ‘I confirm that this will only has effect in relation to my UK assets’. It divided the residuary estate equally between his children. The deceas...

Will construction: Context is key

Interpreting wills is not a question of dictionary definitions. Elis Gomer examines a case that underscores this principle It is unhelpful to stick too dogmatically to the ‘dictionary’ meaning of a word or term when there is a likelihood that it is being used – for whatever reason – in an unconventional way. The recent …
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Eade v Hogg & ors [2021] WTLR 507

Wills & Trusts Law Reports | Summer 2021 #183

Mr Nodes (the deceased) passed away on 8 March 2019. The deceased’s estate included a large shareholding in a family company (the company). Each of the deceased’s wife and his former colleague (the claimant) also possessed small shareholdings in their own name. By his will, dated 22 October 2015, the deceased left his large shareholding in the company on trust for his wife for life, subject to an overriding power of appointment in favour either or both of his wife and his former colleague, allowing for an appointment of shares ‘up to such number… as shall when added to ...