PT-2025-000104 - [2025] EWHC 2255 (Ch)

There is no disagreement between the parties that the Court’s aim in construing the gifts in clause 6 is to establish Mrs Midworth’s objective intention as expressed in the Will. That process requires identifying the meaning of the words used in clause 6 and the Will as a whole in light of the natural and ordinary meaning of the words used, the overall purpose of the Will, the facts known or assumed by Mrs Midworth at the time that the Will was executed (the “armchair principle”) and, finally, common sense.

There is no evidence of Mrs Midworth’s subjective intention in existence and it would not be admissible in any event.