Almond v Goff & Ors [2021] EWHC 1703 (Ch) (10 May 2021)

Almond v Goff & Ors [2021] EWHC 1703 (Ch) (10 May 2021)

Clauses 12-14 of the will are not residuary gifts; the will contains no residuary clause. Clause 5 operates as a gift of Robin's End in full and final settlement of financial claims under the 2013 divorce order but does not settle the claim to Can Bueno. Clause 5 does not impose a trust for Rafferty Goff. The English will revokes the Spanish will, but the second defendant retains a right to claim Can Bueno under the 2013 order. Clause 6 is not a valid gift of an annuity or specific property and fails for uncertainty.

Citation
[2021] EWHC 1703 (Ch)
Parties
Claimant: Jacqueline Yvonne Stella Almond; First Defendant: Michelle Moreau Goff; Second Defendant: Claudia Chaplin; Third Defendant: Barnaby Goff; Fourth Defendant: Daisy Goff; Fifth Defendant: Kitty Goff; Sixth Defendant: Frederick Goff; Seventh Defendant: Gabriel Goff; Eighth Defendant: Rafferty Goff; Ninth Defendant: Andrew Bridges; Tenth Defendant: Scott Taylor
Jurisdiction
England and Wales
Judgment Date
10 May 2021
Procedural Posture
Probate/will Construction / Judgment
Outcome
Declaratory judgment on construction of will; no residuary gift; clause 5 operates as settlement of financial claims; Spanish will revoked.
Legal Topics
Will Construction, Residuary Gifts, Revocation of Wills, Interpretation of Testamentary Documents, Trusts, Settlement of Divorce Claims, Specific and Pecuniary Legacies
Probate Trusts Property Law Will Construction Residuary Gifts Revocation of Wills Interpretation of Testamentary Documents Settlement of Divorce Claims +1 more

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Parties

Jacqueline Yvonne Stella Almond

Claimant

Michelle Moreau Goff

First Defendant

Claudia Chaplin

Second Defendant

Barnaby Goff

Third Defendant

Daisy Goff

Fourth Defendant

Kitty Goff

Fifth Defendant

Frederick Goff

Sixth Defendant

Gabriel Goff

Seventh Defendant

Rafferty Goff

Eighth Defendant

Andrew Bridges

Ninth Defendant

Scott Taylor

Tenth Defendant

Procedural Posture

Probate/will Construction / Judgment

Legal Issues

  1. 1 Whether clauses 12-14 of the will constitute residuary gifts
  2. 2 Whether clause 5 operates as a gift in full and final settlement of divorce claims
  3. 3 Whether clause 5 imposes a trust for the benefit of Rafferty Goff

Ratio Decidendi

Clauses 12-14 of the will are not residuary gifts; the will contains no residuary clause. Clause 5 operates as a gift of Robin's End in full and final settlement of financial claims under the 2013 divorce order but does not settle the claim to Can Bueno. Clause 5 does not impose a trust for Rafferty Goff. The English will revokes the Spanish will, but the second defendant retains a right to claim Can Bueno under the 2013 order. Clause 6 is not a valid gift of an annuity or specific property and fails for uncertainty.

Court Disposition

Declaratory judgment on construction of will; no residuary gift; clause 5 operates as settlement of financial claims; Spanish will revoked.

Orders

  • Clauses 12-14 are not residuary gifts.
  • Clause 5 is a gift of Robin's End in settlement of financial claims under the 2013 order, not Can Bueno.