Wales v Dixon & Ors [2020] EWHC 1979 (Ch) (17 July 2020)

Wales v Dixon & Ors [2020] EWHC 1979 (Ch) (17 July 2020)

The phrase 'nephew's and niece's children' in the will, interpreted in light of the surrounding circumstances, prior wills, and the relationship between the deceased and his wife's family, includes both nephews and nieces by blood and by marriage; thus, the residuary estate is to be divided equally among all 15 defendants.

Citation
[2020] EWHC 1979 (Ch)
Parties
Claimant: John Wales; Claimant: Andrew Wales; Defendant: Christopher Dixon; Defendant: Kirsty Dixon; Defendant: William Mackay; Defendant: Darcy Mackay; Defendant: Katie Mackay; Defendant: Rhiannon Archer; Defendant: Alexander Archer; Defendant: Lucca Brackpool; Defendant: Felix Brackpool; Defendant: Adam Brackpool; Defendant: Ellice Brackpool; Defendant: Adam Dealhoy; Defendant: Luke Dealhoy; Defendant: Ross Dealhoy; Defendant: Ben Hadley
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Probate/construction of Will / Judgment on Construction of Will
Outcome
Residuary estate to be divided equally among all 15 defendants (children of nephews and nieces by blood and by marriage).
Legal Topics
Construction of Wills, Interpretation of Testamentary Documents, Beneficiary Class Definition
Probate Trusts Wills Construction of Wills Interpretation of Testamentary Documents Beneficiary Class Definition

Case Brief

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Parties

John Wales

Claimant

Andrew Wales

Claimant

Christopher Dixon

Defendant

Kirsty Dixon

Defendant

William Mackay

Defendant

Darcy Mackay

Defendant

Katie Mackay

Defendant

Rhiannon Archer

Defendant

Alexander Archer

Defendant

Lucca Brackpool

Defendant

Felix Brackpool

Defendant

Adam Brackpool

Defendant

Ellice Brackpool

Defendant

Adam Dealhoy

Defendant

Luke Dealhoy

Defendant

Ross Dealhoy

Defendant

Ben Hadley

Defendant

Procedural Posture

Probate/construction of Will / Judgment on Construction of Will

Legal Issues

  1. 1 Whether the phrase 'nephew's and niece's children' in the will includes children of nephews and nieces by marriage (affinity) as well as by blood (consanguinity)

Ratio Decidendi

The phrase 'nephew's and niece's children' in the will, interpreted in light of the surrounding circumstances, prior wills, and the relationship between the deceased and his wife's family, includes both nephews and nieces by blood and by marriage; thus, the residuary estate is to be divided equally among all 15 defendants.

Court Disposition

Residuary estate to be divided equally among all 15 defendants (children of nephews and nieces by blood and by marriage).

Orders

  • Costs of all parties to be paid out of the estate on the indemnity basis.
  • If costs for child defendants cannot be agreed within 21 days, the court will carry out a summary assessment.