Wales v Dixon & Ors

Wales v Dixon & Ors

Considering the long marriage, prior mirror wills benefiting both families, the inheritance of Wendy's estate by the Deceased, absence of evidence of intention to exclude Wendy's family, and continued contact with Wendy's relatives, the phrase 'nephew's and niece's children' in the will includes children of nephews and nieces by marriage as well as by blood. The residuary estate is to be divided equally among all 15 Defendants.

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/will Construction / Judgment After Hearing 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). Costs of all parties to come out of the estate on the indemnity basis. If costs for child Defendants cannot be agreed within 21 days, court will conduct a summary assessment.
Legal Topics
Interpretation of Wills, Class Gifts, Beneficiaries by Affinity Vs Consanguinity, Costs in Probate Proceedings
Succession Probate Trusts Interpretation of Wills Class Gifts Beneficiaries by Affinity Vs Consanguinity Costs in Probate Proceedings

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/will Construction / Judgment After Hearing 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)
  2. 2 Proper construction of the residuary clause in the will of Peter Henry Wales

Ratio Decidendi

Considering the long marriage, prior mirror wills benefiting both families, the inheritance of Wendy's estate by the Deceased, absence of evidence of intention to exclude Wendy's family, and continued contact with Wendy's relatives, the phrase 'nephew's and niece's children' in the will includes children of nephews and nieces by marriage as well as by blood. 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). Costs of all parties to come out of the estate on the indemnity basis. If costs for child Defendants cannot be agreed within 21 days, court will conduct a summary assessment.

Orders

  • Residuary estate divided equally among 15 Defendants.
  • Costs of all parties to be paid out of the estate on the indemnity basis.