A 1929 will created a trust in favour of the testator’s widow’s ‘relatives’.
Held: The term referred to the persons who would have taken under the pre-1926 statutes of distribution. Evershed MR set out the normal principle, that the beneficiaries are to be ascertained at the death of the person in question, but also found an exception to the principle, applicable here, holding that the relatives were to be ascertained at the testator’s death. That exception resulted in both the law and the facts being ascertained at the death of the testator, before the death of the widow whose relatives were beneficiaries. It also resulted in the facts being ascertained at 1929 under pre-1926 law, a statute of King Charles II.
Judges:
Lord Evershed MR
Citations:
[1952] Ch 30
Jurisdiction:
England and Wales
Cited by:
Cited – Re Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 15 May 2022; Ref: scu.519435