Bell v Georgiou & Anor [2002] EWCA Civ 1510 (4 October 2002)

Bell v Georgiou & Anor [2002] EWCA Civ 1510 (4 October 2002)

There was insufficient evidence that the testatrix intended to give the nil rate band to the applicant or only £11,000 to the RAF Benevolent Fund; the will as drawn reflected her intentions as evidenced by the specific sum of £150,000 bequeathed to the applicant and the residue to the RAF Benevolent Fund.

Citation
[2002] EWCA Civ 1510
Parties
Claimant/applicant: Douglas William Dawson Bell; Defendant/respondent: Sotira Ellen Georgiou; Defendant/respondent: Royal Air Force Benevolent Fund
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Decision
Outcome
Permission to appeal refused
Legal Topics
Rectification of Wills, Testator's Intention, Nil Rate Band, Partial Intestacy
Wills and Probate Equity Rectification of Wills Testator's Intention Nil Rate Band Partial Intestacy

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Parties

Douglas William Dawson Bell

Claimant/applicant

Sotira Ellen Georgiou

Defendant/respondent

Royal Air Force Benevolent Fund

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court (chancery Division) Decision

Legal Issues

  1. 1 Whether the will should be rectified to give effect to the alleged intention of the testatrix to bequeath the nil rate band to the applicant
  2. 2 Whether the will resulted in a partial intestacy as to the residue not specifically bequeathed

Ratio Decidendi

There was insufficient evidence that the testatrix intended to give the nil rate band to the applicant or only £11,000 to the RAF Benevolent Fund; the will as drawn reflected her intentions as evidenced by the specific sum of £150,000 bequeathed to the applicant and the residue to the RAF Benevolent Fund.

Court Disposition

Permission to appeal refused

Orders

  • Applications refused