The claimant had been given an option in the will to purchase land from the estate, but the price was not fixed before it expired. The executors asserted that the option had lapsed.
Held: In this case there was no explicit gift over in the will if the option lapsed, and no other detriment was suffered by the delay. The delay had been caused by the Capital Taxes Office’s failure to agree a value for the land. Time should not be taken to be of the essence, and the option remained exercisable. There was no distinction to be made here in interpreting wills between a gift and an option.
Mr Justice Lawrence Collins
Times 27-Feb-2003, [2003] EWHC 253 (Ch), Gazette 03-Apr-2003, , [2003] Ch 422
Bailii
England and Wales
Citing:
Cited – Lord Lilford v Powys Keck (No 1) 1862
. .
Cited – Talbot v Talbot ChD 1968
A testamentary option was given relating to two farms which provided for the price to be the ‘reasonable valuation’ of the farms.
Held: This option was enforceable and the court ordered an enquiry as to what was a reasonable price for the . .
Cited – Taylor v Popham 1782
PT, in his lifetime granted two annuities to his son and there being subsisting accounts between them by his will he gave him an annuity of andpound;600 on condition that he should within three months execute a release of all demands on his estate. . .
Cited – In re Parkard 1920
. .
Cited – In re Goodwin; Ainslie v Goodwin ChD 1924
Request on condition – Annuity to Wife if smaller annuity under deed released within six months of testator’s death – estate encumbered – neither annuity paid to widow during her life – Death of widow without exercising realease – release by her . .
Cited – In re Goldsmith 1947
The testator had directed his trustees to hold his freehold house upon trust, after the death of his wife, for a Mr Bingham, but subject to the payment of andpound;800 by him to his trustees within six months of his death to form part of his . .
Cited – Powell v Rawle 1874
A legacy was given to the testator’s daughter on the ‘express condition that if the said bequest be not duly claimed by my said daughter within the space of three calendar months next after my decease, that then the said bequest shall lapse, and the . .
Cited – Brooke v Garrod 1857
The testator directed his trustees to offer all his real estate to his brother at the price of pounds 2,500, but if he should not, within one calendar month after the death, signify his desire to accept the real estate at that price, or should not, . .
Wrongly decided – In re Avard (dec’d) 1948
. .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.179584