Parkinson v Fawdon

The reference to 'Mark Parkinson' is a misdescription of Justin Parkinson, whom the deceased intended to appoint as executor and beneficiary; probate should be granted accordingly.

Parties: Claimant: Justin Parkinson; Defendant: Edith Vera Fawdon
Jurisdiction: England and Wales
Judgment Date: 30 July 2009
Procedural Posture: Probate Action / Counterclaim Determination
Outcome: Counterclaim allowed; declaration made that 'Mark Parkinson' refers to Justin Parkinson; probate granted to Claimant and Defendant; caveat to cease; no order on claim; trial vacated; costs as agreed.
Legal Topics: Construction of Will, Misdescription of Beneficiary, Grant of Probate

Probate Wills and Estates Construction of Will Misdescription of Beneficiary Grant of Probate

Case Brief

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Parties

Justin Parkinson

Claimant

Edith Vera Fawdon

Defendant

Procedural Posture

Probate Action / Counterclaim Determination

Legal Issues

1 Whether 'Mark Parkinson' in the will refers to Justin Parkinson
2 Proper construction of the Deceased's will for grant of probate

Ratio Decidendi

The reference to 'Mark Parkinson' is a misdescription of Justin Parkinson, whom the deceased intended to appoint as executor and beneficiary; probate should be granted accordingly.

Court Disposition

Counterclaim allowed; declaration made that 'Mark Parkinson' refers to Justin Parkinson; probate granted to Claimant and Defendant; caveat to cease; no order on claim; trial vacated; costs as agreed.

Orders

Declaration that 'Mark Parkinson' is Justin Parkinson
Pronouncement for validity of Deceased’s will dated 28 November 1996