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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 provisions for agreement with the district valuer were merely a matter of machinery. The testator’s intention as to the basis of valuation was clear. The court would therefore substitute effective and workable machinery, and directed an enquiry.

Judges:

Megarry VC

Citations:

[1985] Ch 42

Jurisdiction:

England and Wales

Cited by:

CitedPortsmouth City Football Club v Sellar Properties (Portsmouth) Limited, Singer and Friedlander Properties Plc ChD 17-Sep-2003
Various contracts were entered into for the sale of land, with compensation being paid in certain circumstances. One contract required a calculation of consideration as a set figure less a sum to be calculated as the cost of acquiring land. The sum . .
CitedDutton and Dutton v Dutton and Brown ChD 3-Feb-2000
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 . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 28 May 2022; Ref: scu.186477

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