Hardy v Hardy & Anor

Hardy v Hardy & Anor

The repeated description of Benjamin as 'my son' in both the will and codicil is a clear contrary indication to section 67, showing Alfred intended Benjamin to be included as a child under clause 4. Therefore, Benjamin is entitled to a one-third share of the residuary estate.

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 (construction of Will) / Judgment
Outcome
Declaration granted in favour of Benjamin; orders for estate accounting and costs out of estate, subject to further application for costs against defendants.
Legal Topics
Construction of Wills, Adoption and Inheritance, Interpretation of Testamentary Instruments
Succession Law Trusts and Estates Construction of Wills Adoption and Inheritance Interpretation of Testamentary Instruments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Benjamin William Stuart Hardy

Claimant

David Alan Hardy

Defendant

Andrew Philip Hardy

Defendant

Procedural Posture

Part 8 Claim (construction of Will) / Judgment

Legal Issues

  1. 1 Whether Benjamin is included as a 'child' under clause 4 of Alfred Hardy's will despite his adoption
  2. 2 Effect of section 67 of the Adoption and Children Act 2002 on the construction of the will

Ratio Decidendi

The repeated description of Benjamin as 'my son' in both the will and codicil is a clear contrary indication to section 67, showing Alfred intended Benjamin to be included as a child under clause 4. Therefore, Benjamin is entitled to a one-third share of the residuary estate.

Court Disposition

Declaration granted in favour of Benjamin; orders for estate accounting and costs out of estate, subject to further application for costs against defendants.

Orders

  • Declaration that Benjamin is to be considered one of Alfred's children and entitled to a one-third share of the residuary estate.
  • Order requiring David to provide a full inventory and estate accounts within 4 weeks, verified by witness statement.