Tish & Ors v Olley & Ors

Tish & Ors v Olley & Ors

Clause 11 of the will creates a gift of £11,000 per year to each of Revan and Arabella Tish, increased annually in line with the Retail Prices Index, together with payment of school fees and reasonable extras, until each child reaches 18 or completes tertiary education, whichever is later. The estate must secure these payments before distributing the residue. The clause is not void for uncertainty, is not satisfied by the Zurich policy, and is not contingent on a maintenance order surviving death.

Parties
Claimant: Amanda Marie Tish; Claimant: Revan Elliot Tish; Claimant: Arabella Camille Tish; Defendant: Daren Thomas Olley; Defendant: Nicholas Langley; Defendant: Louise Tish
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Probate/inheritance / Judgment on Preliminary Issue (construction of Will)
Outcome
Preliminary issue determined in favour of the Claimants; clause 11 construed as creating enforceable maintenance gifts for the children.
Legal Topics
Interpretation of Wills, Maintenance Provisions in Wills, Inheritance (provision for Family and Dependants) Act 1975, Effect of Divorce Orders on Succession, Children's Maintenance From Estate
Succession Law Family Law Interpretation of Wills Maintenance Provisions in Wills Inheritance (provision for Family and Dependants) Act 1975 Effect of Divorce Orders on Succession Children's Maintenance From Estate

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Parties

Amanda Marie Tish

Claimant

Revan Elliot Tish

Claimant

Arabella Camille Tish

Claimant

Daren Thomas Olley

Defendant

Nicholas Langley

Defendant

Louise Tish

Defendant

Procedural Posture

Probate/inheritance / Judgment on Preliminary Issue (construction of Will)

Legal Issues

  1. 1 Proper construction of clause 11 of the will of Raymond Howard Tish
  2. 2 Whether clause 11 creates an enforceable gift of maintenance to children
  3. 3 Effect of prior divorce/maintenance order on will provisions

Ratio Decidendi

Clause 11 of the will creates a gift of £11,000 per year to each of Revan and Arabella Tish, increased annually in line with the Retail Prices Index, together with payment of school fees and reasonable extras, until each child reaches 18 or completes tertiary education, whichever is later. The estate must secure these payments before distributing the residue. The clause is not void for uncertainty, is not satisfied by the Zurich policy, and is not contingent on a maintenance order surviving death.

Court Disposition

Preliminary issue determined in favour of the Claimants; clause 11 construed as creating enforceable maintenance gifts for the children.

Orders

  • Clause 11 of the will gives £11,000 per year to each of Revan and Arabella Tish, increased annually in accordance with the Retail Prices Index, together with school fees and reasonable extras, until each child reaches 18 or completes tertiary education, whichever is later.