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31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
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Wills

Marley v Rawlings and another [2014] UKSC 2, [2014] All ER (D) 132 (Jan)

Section 21(1) of the Administration of Justice Act 1982 confirmed that a will should be interpreted in the same way as a contract, a notice or a patent. In particular, s 21(1)(c) showed that “evidence” was admissible when construing a will, and that that included the “surrounding circumstances”. However, s 21(2) went further. It indicated that, if one or more of the three requirements set out in s 21(1) was satisfied, then direct evidence of the testator’s intention was admissible, in order to interpret the will in question. Accordingly, save where s 21(1) applied, a will was to be interpreted in the same way as any other document, but, in addition, in relation to a will, or a provision in a will, to which s 21(1) applied, it was possible to assist its interpretation by reference to evidence of the testator’s actual intention.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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