An option was granted by the will. Its validity was challenged because of difficulties in the method of reaching a valuation. It was occupied and it could not be agreed whether an assumption was to be made that the occupier would consent to the sale.
Judges:
Honourable Mrs Justice Arden DBE
Citations:
[2000] EWHC Ch 167
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Day v Trig 1715
The testator had made a testamentary gift of his freehold houses in Aldersgate Street, when he had only leasehold properties there, the word ‘freehold’ was rejected. The court stated that it would not have done this if there had also been freehold . .
Cited – Re Malpass ChD 1985
The testator gave an option to his son to purchase his farm ‘at the agricultural value thereof determined for probate purposes . . as agreed with the district valuer’. The district valuer would not participate in this valuation.
Held: The . .
Cited – Sudbrook Trading Estate v Eggleston HL 1983
An option was granted to purchase the reversion conferred on the lessees under certain leases. The price was be not less than andpound;12,000, and it was to be fixed by valuers appointed by each party and default of agreement it was to be fixed by . .
Cited – Re Fleming’s Will Trusts 1974
By his Will made in 1969, the testator bequeathed to the first defendants his leasehold house at Narcissus Road. The house was than held under a lease term expiring on 28th September, 2008 subject to covenants to repair. In April 1971, the testator . .
Cited – Re Hammersley 1965
A court will not speculate as to a testator’s intentions if they cannot be ascertained. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Land
Updated: 04 June 2022; Ref: scu.162985
