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01 January 2009
Issue: 7350+7351 / Categories: Features , Wills & Probate
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Law reports: Will-Construction-Definition of "per stirpes"

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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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