header-logo header-logo

01 January 2009
Issue: 7350+7351 / Categories: Features , Wills & Probate
printer mail-detail

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

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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll