Construction and Interpretation Issues – Wills

Aim:

• To share with practitioners some practical points on the care which is needed when interpreting Wills and how the Courts approach the construction of a Will

Outcome:

• Practitioners will be able to avoid personal liability for wrong interpretation of a Will

Agenda:

• General points about the law of construction and interpretation of Wills – the starting point in Marley v Rawlings [2014] UKSC 2
• Why practitioners need to take care – the risk of devastavit
• Costs
• Recent case examples
  • Construction of Statutory Codicil & protection of executor during probate – Wesley v Chantler [2018] EWHC 21
  • Construction of Wills – Incorporation of Letter of Wishes – Removal of Executor – Taulbut and others v Davey [2018] EWHC 730
  • Construction of Wills – Tish and others v Olley and others [2018] EWHC 1069
  • Ambiguity in Wills – Macintyre v Oliver [2018] EWHC 3094