cw Will – Construction – ‘Descendants’ – Residuary estate to be divided between descendants of late mother and of late father – Modern legal and ordinary meaning of ‘descendants’ – Whether ‘descendants’ include collateral relations
The will stated that the residuary estate should be divided between ‘the descendants’ of the deceased’s late parents. How was the phrase to be interpreted? Only relations of the parents’ brothers and sisters existed.
Held: In modern society, the terms descendants must be taken to refer to the children of the person, and did not include collateral relations. The residuary estate passed as on intestacy.
Judges:
Pennycuick VC
Citations:
[1971] 3 WLR 811
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Best v Stonehewer 1864
. .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 20 December 2022; Ref: scu.177401