John Wayland Beasant v Royal Commonwealth Society for the Blind & Ors

John Wayland Beasant v Royal Commonwealth Society for the Blind & Ors

Clause 4 of the will is not ambiguous on its face or in light of surrounding circumstances; the definition of Nil-Rate Sum is clear and unambiguous. Therefore, extrinsic evidence of the testatrix's intention is inadmissible under section 21 of the Administration of Justice Act 1982. The appeal is dismissed.

Parties
Appellant/first Defendant: John Wayland Beasant; Respondent/claimant: Royal Commonwealth Society for the Blind (Sightsavers International); Second Defendant: Benjamin Huw Davies; Defendant for the Purposes of Costs: Alletsons Limited
Jurisdiction
England and Wales
Judgment Date
30 May 2022
Procedural Posture
Probate/will Construction Appeal / Appeal From Orders of Chief Master
Outcome
Appeal dismissed
Legal Topics
Will Construction, Admissibility of Extrinsic Evidence, Ambiguity in Wills, Section 21 Administration of Justice Act 1982
Succession Law Probate Trusts Will Construction Admissibility of Extrinsic Evidence Ambiguity in Wills Section 21 Administration of Justice Act 1982

Case Brief

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Parties

John Wayland Beasant

Appellant/first Defendant

Royal Commonwealth Society for the Blind (Sightsavers International)

Respondent/claimant

Benjamin Huw Davies

Second Defendant

Alletsons Limited

Defendant for the Purposes of Costs

Procedural Posture

Probate/will Construction Appeal / Appeal From Orders of Chief Master

Legal Issues

  1. 1 Whether clause 4 of the will is ambiguous on its face or in light of surrounding circumstances
  2. 2 Whether extrinsic evidence of the testatrix's intention is admissible under section 21 of the Administration of Justice Act 1982

Ratio Decidendi

Clause 4 of the will is not ambiguous on its face or in light of surrounding circumstances; the definition of Nil-Rate Sum is clear and unambiguous. Therefore, extrinsic evidence of the testatrix's intention is inadmissible under section 21 of the Administration of Justice Act 1982. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; Chief Master's orders upheld.