The deceased owned an apartment subject to a mortgage. He left it in his will to his fiancee. There was a dispute as to whether the property was left subject to the mortgage. He had taken out an endowment policy to repay the mortgage on his death.
Held: The Act provided that the property should be taken subject to the charge unless the deceased indicated some contrary intention. The fact that the will did not say anything was not conclusive. He had taken out an endowment insurance policy to repay the charge on his death. This deliberate arrangement of his affairs was sufficient ‘contrary or other intention’ to mean that the property was to be taken free of the charge.
Judges:
Kosmin QC
Citations:
Times 24-Nov-2004
Statutes:
Administration of Estates Act 1925 35
Jurisdiction:
England and Wales
Wills and Probate
Updated: 30 April 2022; Ref: scu.219701
