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Law reports: Will-Construction-Definition of "per stirpes"

01 January 2009
Issue: 7350+7351 / Categories: Features , Wills & Probate
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Sammut and others v Manzi Jnr and other (2008) ALL ER (D) 79 (Dec); Lord Phillips, Lord Hope, Lord Rodger, Baroness Hale and Lord Carswell, 4 December 2008

The testator died in the Bahamas in February 2004. His executors estimated the value of his estate at $US30m. The proceedings concerned a will made in June 2003, which was admitted to probate in July 2004. Clause 6 of the will provided: “I hereby give demise and bequeath all of my... property...to the following persons in the following shares: (i) Th e fi rst share representing Fifty percent (50%) of my estate to my son, Robert Adams...(ii) The second share representing Twenty-Five percent (25%) of my estate to: a. my cousins..; and b. my ex-spouse Ruby Adams...in equal shares as to the realty in fee simple and as to the personalty absolutely. If any of [the cousins and/ or the wife] shall predecease me or shall fail to survive me for a period of Fourteen (14) days, the share to which that individual is entitled shall be paid, transferred or

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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