Harte, Re [2015] EWHC 2351 (Ch) (15 July 2015)

Harte, Re [2015] EWHC 2351 (Ch) (15 July 2015)

The court held that the will should be construed so that 'one part' means 'one tenth', that ambiguous or misnamed charitable gifts should be paid to the intended charities as identified by address or charity number, and that the reference to 'West Berkshire Ambulance Hospital' should be rectified to refer to the Thames Valley and Chiltern Air Ambulance Trust, as this reflected the testatrix's true intentions and was justified under sections 20 and 21 of the Administration of Justice Act 1982.

Citation
[2015] EWHC 2351 (Ch)
Parties
Claimant: Patrick James Stewart; Claimant: Michael James Davis; Testatrix: Florence Rosemary Harte (deceased)
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Probate/chancery Construction and Rectification of Will / Judgment After Trial of Part 8 Claim
Outcome
Claim allowed; will construed and rectified as sought by the executors.
Legal Topics
Construction of Wills, Rectification of Wills, Partial Intestacy, Charitable Gifts, Interpretation of Testamentary Documents
Probate Wills and Succession Equity Construction of Wills Rectification of Wills Partial Intestacy Charitable Gifts Interpretation of Testamentary Documents

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Parties

Patrick James Stewart

Claimant

Michael James Davis

Claimant

Florence Rosemary Harte (deceased)

Testatrix

Procedural Posture

Probate/chancery Construction and Rectification of Will / Judgment After Trial of Part 8 Claim

Legal Issues

  1. 1 Whether 'one part' in the will equals 'one tenth' of the residuary estate
  2. 2 Whether gifts to misnamed or ambiguously described charities can be construed or rectified to benefit the intended entities
  3. 3 Whether the will should be rectified under the Administration of Justice Act 1982, section 20, due to clerical error or misunderstanding of instructions

Ratio Decidendi

The court held that the will should be construed so that 'one part' means 'one tenth', that ambiguous or misnamed charitable gifts should be paid to the intended charities as identified by address or charity number, and that the reference to 'West Berkshire Ambulance Hospital' should be rectified to refer to the Thames Valley and Chiltern Air Ambulance Trust, as this reflected the testatrix's true intentions and was justified under sections 20 and 21 of the Administration of Justice Act 1982.

Court Disposition

Claim allowed; will construed and rectified as sought by the executors.

Orders

  • Declare that the residuary estate comprises all personal and real property after payment of debts, funeral, testamentary and administration expenses and inheritance tax.
  • Declare that 'one part' in clauses 4.2 to 4.5 means 'one tenth part' of the residuary estate.