‘two interesting and difficult questions on the law of wills: (1) Where issue succeed to the interest of a parent who predeceased the testator under s.33 of the Wills Act 1837 (as amended), do they take subject to any condition subsequent which would have bound that parent? (2) If so, what is the effect of their failure to fulfil the condition because they were never informed of its terms before the time had passed for them to fulfil the condition and it is by then too late for them to do so?’
Judges:
His Honour Judge Hodge QC
Citations:
[2019] EWHC 1565 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Approved – Hives v Machin ChD 2017
The court considered a suggested disapplication of section 33, and pointed out that there was no requirement that a contrary intention should be expressed in particular terms or that there should be any reference to the section. Nor was it necessary . .
Cited – In Re Quinton Dick (orse Quintin Dick), Concurry (Lord) v Fenton 1926
T died in 1858, and by his will devised his estates on strict successive trusts, directing beneficiaries to take the surname and arms of Dick. Should a beneficiary fail to comply within three months, the bequest should fail for that person and pass . .
Cited – In Re Jones; Williams v Rowlands ChD 1947
A gift over had failed to take effect despite non-compliance with a condition subsequent requiring a village hall to be completed within a certain period of time because assets had not been saleable due to war conditions, making it impossible to . .
Cited – Watson v The National Children’s Home and Others ChD 9-Oct-1995
Where a will imposed an impossible condition on a gift in the will, then the condition is deemed to be spent, and the gift to be unconditional. . .
Cited – Ling v Ling ChD 2002
VL requested a declaration that she was entitled to the entire estate of her father m after his death. The will said that if A (M’s wife) died within a month of M, the estate was to be held on trust for any child aged 21 or more surviving the M by a . .
Cited – Astley v Earl of Essex CA 1874
A remainderman who fails to enforce a forfeiture of a preceding life estate obtains a fresh right to possession when the life estate terminates on the death of the life tenant. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 14 July 2022; Ref: scu.639291