Jump & Anor v Lister & Anor

Jump & Anor v Lister & Anor

The survivorship clause in clause 11.2 of Mrs Winson’s will is clear and unambiguous and applies to any person named in the will, including the spouse. There is nothing in the will to exclude the spouse from its ambit or to restrict its application to secondary gifts. Therefore, the primary gift to Mr Winson fails because he did not survive Mrs Winson by 28 days (as required by the clause), and the estate must be administered as though the primary gift failed, resulting in the pecuniary legacies being paid twice (once from each estate).

Parties
First Claimant: Sandra Jump; Second Claimant: Suzanne Jones; First Defendant: Harry Dow Lister; Second Defendant: Forresters Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2016
Procedural Posture
Part 8 Claim (construction of Will) / Judgment After Hearing on Construction of Will
Outcome
Claim allowed; declaration granted in favour of claimants’ construction.
Legal Topics
Construction of Wills, Survivorship Clauses, Commorientes Rule, Pecuniary Legacies, Rectification of Wills
Succession Law Probate Trusts and Estates Construction of Wills Survivorship Clauses Commorientes Rule Pecuniary Legacies Rectification of Wills

Case Brief

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Parties

Sandra Jump

First Claimant

Suzanne Jones

Second Claimant

Harry Dow Lister

First Defendant

Forresters Solicitors Limited

Second Defendant

Procedural Posture

Part 8 Claim (construction of Will) / Judgment After Hearing on Construction of Will

Legal Issues

  1. 1 Whether the survivorship clause in Mrs Winson’s will applies to the primary gift to her husband under clause 6.2
  2. 2 Whether pecuniary legacies should be paid once or twice (from both estates) in light of the commorientes rule and survivorship clause

Ratio Decidendi

The survivorship clause in clause 11.2 of Mrs Winson’s will is clear and unambiguous and applies to any person named in the will, including the spouse. There is nothing in the will to exclude the spouse from its ambit or to restrict its application to secondary gifts. Therefore, the primary gift to Mr Winson fails because he did not survive Mrs Winson by 28 days (as required by the clause), and the estate must be administered as though the primary gift failed, resulting in the pecuniary legacies being paid twice (once from each estate).

Court Disposition

Claim allowed; declaration granted in favour of claimants’ construction.

Orders

  • It is declared that the survivorship clause in clause 11.2 of Mrs Winson’s will applies to the primary gift to Mr Winson, causing it to fail; the pecuniary legacies must be paid from both estates.
  • Defendants to pay the claimants’ costs of the Part 8 claim.