Clark v Clark & Ors

Clark v Clark & Ors

The expression 'my farm known as The Homestead Farm' in clause 9 of the Will includes the farmhouse and any land retained by Mrs Clark at her death. There is no indication from the Will or admissible extrinsic evidence that the farmhouse was to be excluded. The 1982 tenancy agreement and the surrounding circumstances support this construction.

Parties
Claimant: Maurice Clark; First Defendant: Ian Clark; Second Defendant: Wilfred Clark; Third Defendant: Anna Clark
Jurisdiction
England and Wales
Judgment Date
12 December 2007
Procedural Posture
Probate/will Construction / Judgment
Outcome
Declaration granted in favour of Maurice Clark; clause 9 includes the farmhouse and retained land.
Legal Topics
Construction of Will, Option to Purchase, Interpretation of Testamentary Instruments
Succession Property Law Construction of Will Option to Purchase Interpretation of Testamentary Instruments

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Parties

Maurice Clark

Claimant

Ian Clark

First Defendant

Wilfred Clark

Second Defendant

Anna Clark

Third Defendant

Procedural Posture

Probate/will Construction / Judgment

Legal Issues

  1. 1 What is the meaning of the expression 'my farm, known as The Homestead Farm' in clause 9 of Kathleen Clark's Will?
  2. 2 Does clause 9 include the farmhouse and surrounding land retained by Mrs Clark at her death, or was the option spent by the prior sale to Maurice?

Ratio Decidendi

The expression 'my farm known as The Homestead Farm' in clause 9 of the Will includes the farmhouse and any land retained by Mrs Clark at her death. There is no indication from the Will or admissible extrinsic evidence that the farmhouse was to be excluded. The 1982 tenancy agreement and the surrounding circumstances support this construction.

Court Disposition

Declaration granted in favour of Maurice Clark; clause 9 includes the farmhouse and retained land.

Orders

  • The question raised by paragraph 3 of the claim form is answered in the sense indicated by paragraph 3.1.2, namely that the farmhouse and retained land are included in 'The Homestead Farm' for the purposes of clause 9.