header-logo header-logo

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

Good Will hunting

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll