Jump & Anor v Lister & Anor [2016] EWHC 2160 (Ch) (12 August 2016)

Jump & Anor v Lister & Anor [2016] EWHC 2160 (Ch) (12 August 2016)

The survivorship clause in clause 11.2 of Mrs Winson's will applies to the entire will, including the primary gift to Mr Winson. Its clear and unambiguous wording mandates that any person named in the will, including the spouse, must survive the testatrix by 28 days to take under the will. As Mr Winson did not...

Source-derived case information.

Citation
[2016] EWHC 2160 (Ch)
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 Wills) / Judgment
Outcome
Claim allowed; court declares survivorship clause applies to primary gift.
Legal Topics
Interpretation of Wills, Survivorship Clauses, Commorientes Rule, Pecuniary Legacies, Professional Negligence
Probate Wills and Estates Trusts Interpretation of Wills Survivorship Clauses Commorientes Rule Pecuniary Legacies Professional Negligence

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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 Wills) / Judgment

Legal Issues

  1. 1 Does the survivorship clause in Mrs Winson's will apply to the primary gift to her husband?
  2. 2 Should pecuniary legacies be paid once or twice from both estates?
  3. 3 Proper construction of clauses 6.2, 6.3, and 11.2 of Mrs Winson's will

Ratio Decidendi

The survivorship clause in clause 11.2 of Mrs Winson's will applies to the entire will, including the primary gift to Mr Winson. Its clear and unambiguous wording mandates that any person named in the will, including the spouse, must survive the testatrix by 28 days to take under the will. As Mr Winson did not survive Mrs Winson by 28 days, the primary gift fails, and the estate must be administered according to the alternative distribution, resulting in pecuniary legacies being paid twice.

Court Disposition

Claim allowed; court declares survivorship clause applies to primary gift.

Orders

  • Defendants to pay claimants' costs of the Part 8 claim.
  • Estate to be administered so pecuniary legacies are paid twice, once from each estate.