Phoenix v Phoenix & Anor [2020] EWHC 1409 (Ch) (18 June 2020)

Phoenix v Phoenix & Anor [2020] EWHC 1409 (Ch) (18 June 2020)

The will, properly construed, provided a single address for service on the trustees at the professional executor's address, and delivery of notice there constituted valid exercise of the option. Interest on unpaid instalments is payable under s.35A Senior Courts Act 1981 at 1% above base rate, as the will did not provide for interest on overdue instalments.

Citation
[2020] EWHC 1409 (Ch)
Parties
Claimant: Philip John Phoenix; First Defendant: David Alan Phoenix; Second Defendant: Colin David Wright
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Probate/trust Dispute / Judgment After Trial
Outcome
Claimant succeeded; option validly exercised; interest awarded on unpaid instalments at 1% above base rate.
Legal Topics
Construction of Wills, Exercise of Options in Wills, Service of Notice, Interest on Unpaid Instalments, Interpretation of Testamentary Documents
Wills and Probate Trusts Property Law Construction of Wills Exercise of Options in Wills Service of Notice Interest on Unpaid Instalments Interpretation of Testamentary Documents

Case Brief

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Parties

Philip John Phoenix

Claimant

David Alan Phoenix

First Defendant

Colin David Wright

Second Defendant

Procedural Posture

Probate/trust Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant validly exercised the option to purchase under clause 5.3 of the will by serving notice at the address of the professional executor
  2. 2 Whether interest is payable on unpaid instalments under the will and/or under s.35A Senior Courts Act 1981, and at what rate

Ratio Decidendi

The will, properly construed, provided a single address for service on the trustees at the professional executor's address, and delivery of notice there constituted valid exercise of the option. Interest on unpaid instalments is payable under s.35A Senior Courts Act 1981 at 1% above base rate, as the will did not provide for interest on overdue instalments.

Court Disposition

Claimant succeeded; option validly exercised; interest awarded on unpaid instalments at 1% above base rate.

Orders

  • Declaration that the claimant validly exercised the option under clause 5.3 of the will
  • Order for payment of unpaid instalments with interest at 1% above base rate