PT-2024-LIV-000019 - [2025] EWHC 816 (Ch)

Fecha: 11-Ago-2022

The will

The will

So far as relevant, the will reads as follows.

I HEREBY REVOKE all former Wills and testamentary dispositions made by me and declare this to be my last Will

I APPOINT my brother William Morris… and my nephew Henry Tedford… to be the Executors and Trustees of this my will (hereinafter called ‘my Trustees’ which expression shall include the Trustee or Trustees for the time being hereof)

I GIVE the following specific legacies:

(i)

to all surviving brothers and sisters of my late husband Albert Edward Clarke 50% of my estate in equal shares

(ii)

to all surviving brothers and sisters of myself 50% of my estate in equal shares

(iii)

to all my surviving brothers and sisters the proceeds of my saving account held by the Abbey National Bank and in equal shares PROVIDED THAT if any of the forementioned relatives shall predecease me then their share of my estate shall go between their children and in equal shares

I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsoever nature and wheresoever situate not otherwise disposed of by this Will or any Codicil to it (including any property over which I may have a general power of appointment or disposition by will) to my Trustees upon trust to sell call in and convert the same into money with full power in their absolute and uncontrolled discretion to postpone such sale calling in and conversion for so long a period as they shall think fit without being responsible for loss

MY TRUSTEES shall hold the net proceeds of such sale calling in and conversion together with my ready money and any property for the time being remaining unconverted upon the following trusts:

(a)

Upon trust to pay thereout all my just debts legacies funeral and testamentary expenses and to any trusts declared earlier and subject thereto

…

12.

EVERY PERSON who would otherwise benefit under this my Will but who fails to survive me for thirty clear days shall be treated for the purposes hereof and for the purposes of the devolution of my estate as having predeceased me and my estate and the intermediate income thereof shall devolve accordingly to the intent that no person shall be entitled to any intermediate income from my estate or any part of it if he or she dies within that period or acquire therein or in any part thereof a vested interest (or a vested interest subject to defeasance) before the end of it.