header-logo header-logo

Good Will hunting

18 February 2010 / Paola Fudakowska , Paul Hewitt
Issue: 7405 / Categories: Features , Wills & Probate
printer mail-detail

Paul Hewitt & Paola Fudakowska report on codicils & statutory legacies

Frank Crispin Esson v Robert Barrie Esson and 11 others [2009] EWHC 3045 (Ch) concerned the construction of codicil. Dorothy Clements (D) died in 2006, survived by three children from her first marriage and three stepchildren by her second marriage. Her second husband, Norman (N), predeceased her in 2005. D and N made mirror wills in 1996, so that on D’s death, her interest in the matrimonial home passed to her own children and absolute residue passed to her three children and three stepchildren in equal shares.

However, in 2002, D had inherited a share of her own mother’s estate, which she invested in a separate bank account. She then executed an undated home-made codicil. It stated that N “is in full agreement that should I predecease him, all monies in this account should be divided equally between my grandchildren…”.

If interpreted literally, the gift was conditional on D predeceasing N. As N had predeceased D, this meant the money fell

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll