Hardy v Hardy & Anor [2013] EWHC 83 (Ch) (28 January 2013)

Hardy v Hardy & Anor [2013] EWHC 83 (Ch) (28 January 2013)

Descriptions of Benjamin as 'my son' in both the Will and Codicil constitute a clear contrary indication, so Benjamin is included as a child under clause 4 and entitled to a one-third share of the residuary estate.

Source-derived case information.

Citation
[2013] EWHC 83 (Ch)
Parties
Claimant: Benjamin William Stuart Hardy; Defendant: David Alan Hardy; Defendant: Andrew Philip Hardy
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Part 8 Claim / Judgment
Outcome
Declaration granted that Benjamin is entitled to a one-third share of the residuary estate; order for inventory and accounts; costs to be paid out of the estate unless application for costs against defendants is made.
Legal Topics
Construction of Will, Effect of Adoption on Inheritance, Interpretation of Testamentary Instruments
Wills and Probate Family Law Construction of Will Effect of Adoption on Inheritance Interpretation of Testamentary Instruments

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Summary, issues, holding and outcome

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Parties

Benjamin William Stuart Hardy

Claimant

David Alan Hardy

Defendant

Andrew Philip Hardy

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether Benjamin Hardy is included as a 'child' under clause 4 of Alfred Hardy's Will despite his adoption
  2. 2 Whether section 67 of the Adoption and Children Act 2002 excludes Benjamin from inheritance
  3. 3 Whether descriptions in the Will and Codicil constitute a contrary indication under section 67

Ratio Decidendi

Descriptions of Benjamin as 'my son' in both the Will and Codicil constitute a clear contrary indication, so Benjamin is included as a child under clause 4 and entitled to a one-third share of the residuary estate.

Court Disposition

Declaration granted that Benjamin is entitled to a one-third share of the residuary estate; order for inventory and accounts; costs to be paid out of the estate unless application for costs against defendants is made.

Orders

  • David Hardy to furnish a full inventory and estate accounts within 4 weeks, verified by witness statement.
  • Benjamin to be paid £29,630.09 out of the estate for costs, subject to application for costs against defendants.