Taulbut & Ors v Davey (As Executrix of the Deceased)

Taulbut & Ors v Davey (As Executrix of the Deceased)

The Letter of Wishes is incorporated into the Will but does not create a legally enforceable legacy of £95,000 for Mrs Davey; its provisions are precatory and not binding. The Notes are not incorporated. The residuary estate, including The Fringes, should be distributed to the Charity (JHWT). Mrs Davey should be removed as executrix and not appointed as trustee. The Fringes should not be sold at this stage; no proceeds are to be distributed to the Katie Piper Foundation.

Parties
Claimant: Denise Kathleen Taulbut; Claimant: Paul James McMullen; Claimant: Sharon Moran; Defendant: Gillian Ann Davey
Jurisdiction
England and Wales
Judgment Date
10 April 2018
Procedural Posture
Probate / Final Judgment
Outcome
Claimants succeed; directions given for distribution and removal of executrix.
Legal Topics
Will Construction, Incorporation by Reference, Removal of Executors, Appointment of Trustees, Distribution of Residuary Estate
Probate Charity Law Trusts Will Construction Incorporation by Reference Removal of Executors Appointment of Trustees Distribution of Residuary Estate

Case Brief

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Parties

Denise Kathleen Taulbut

Claimant

Paul James McMullen

Claimant

Sharon Moran

Claimant

Gillian Ann Davey

Defendant

Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 Whether the Letter of Wishes is incorporated into the Will and imposes legal obligations
  2. 2 Whether the Notes are incorporated into the Will and impose legal obligations
  3. 3 Whether Mrs Davey is entitled to a legally enforceable pecuniary legacy of £95,000

Ratio Decidendi

The Letter of Wishes is incorporated into the Will but does not create a legally enforceable legacy of £95,000 for Mrs Davey; its provisions are precatory and not binding. The Notes are not incorporated. The residuary estate, including The Fringes, should be distributed to the Charity (JHWT). Mrs Davey should be removed as executrix and not appointed as trustee. The Fringes should not be sold at this stage; no proceeds are to be distributed to the Katie Piper Foundation.

Court Disposition

Claimants succeed; directions given for distribution and removal of executrix.

Orders

  • Letter of Wishes incorporated but not binding; £95,000 legacy not enforceable.
  • Notes not incorporated.