Bonham & Anor v Stringer & Ors [2025] EWHC 28 (Ch) (17 January 2025)

Bonham & Anor v Stringer & Ors [2025] EWHC 28 (Ch) (17 January 2025)

Clause 7 of the will is to be construed as dividing the Trust Fund into three equal parts, as the reference to 'four' was a clerical error inconsistent with the testator's intention and the structure of the clause.

Citation
[2025] EWHC 28 (Ch)
Parties
Claimant: Judi Barbara Bonham; Claimant: Catherine Joanna Green; Defendant: Carole Stringer; Defendant: John Stringer; Defendant: Lisa Ellis; Defendant: Sally Wathen; Defendant: Margaret Webb; Defendant: Mark Seabrook; Defendant: Amanda Jane Seabrook
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Part 8 Claim for Construction or Rectification of Will / Judgment After Hearing
Outcome
Declaration granted as to true construction of clause 7; rectification not considered necessary.
Legal Topics
Construction of Wills, Rectification of Wills, Interpretation of Testamentary Documents, Partial Intestacy
Probate Trusts Property Construction of Wills Rectification of Wills Interpretation of Testamentary Documents Partial Intestacy

Case Brief

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Parties

Judi Barbara Bonham

Claimant

Catherine Joanna Green

Claimant

Carole Stringer

Defendant

John Stringer

Defendant

Lisa Ellis

Defendant

Sally Wathen

Defendant

Margaret Webb

Defendant

Mark Seabrook

Defendant

Amanda Jane Seabrook

Defendant

Procedural Posture

Part 8 Claim for Construction or Rectification of Will / Judgment After Hearing

Legal Issues

  1. 1 Whether clause 7 of the will should be construed as dividing the Trust Fund into three or four parts
  2. 2 Whether the will should be rectified to correct a clerical error

Ratio Decidendi

Clause 7 of the will is to be construed as dividing the Trust Fund into three equal parts, as the reference to 'four' was a clerical error inconsistent with the testator's intention and the structure of the clause.

Court Disposition

Declaration granted as to true construction of clause 7; rectification not considered necessary.

Orders

  • Declaration that clause 7 of the will of 22 November 2017 divides the Trust Fund into three parts, each held on the trusts set out in sub-paragraphs (i), (ii), and (iii) of clause 7(a).