Judi Barbara Bonham & Anor v Carole Stringer & Ors

Judi Barbara Bonham & Anor v Carole Stringer & Ors

The word 'four' in clause 7 was inserted in error and should be read as 'three', as the testator intended to benefit three groups and not to create a partial intestacy. The construction of the will, considering its context and evidence, supports dividing the Trust Fund into three equal parts.

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
Claim for Construction or Rectification of Will / Judgment
Outcome
Declaration granted as to true construction of clause 7; rectification not required.
Legal Topics
Construction of Wills, Rectification of Wills, Partial Intestacy
Probate Trusts Property Construction of Wills Rectification of Wills 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

Claim for Construction or Rectification of Will / Judgment

Legal Issues

  1. 1 Whether clause 7 of the will should be construed to divide the Trust Fund into three or four parts
  2. 2 Whether the will should be rectified to replace 'four' with 'three' in clause 7

Ratio Decidendi

The word 'four' in clause 7 was inserted in error and should be read as 'three', as the testator intended to benefit three groups and not to create a partial intestacy. The construction of the will, considering its context and evidence, supports dividing the Trust Fund into three equal parts.

Court Disposition

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

Orders

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