Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

The will is to be construed as referring to Grangeway (Contractors) Limited, not Grangeway Properties Limited, due to clear ambiguity and extrinsic evidence of intention. The 1993 Declaration of Trust is valid and not a sham, so 27, 29, and 31A Station Road were held on trust for Grangeway. The 2007 TR1 transfer of 31 Station Road was validly executed by Goff as a gift to Paul, with no undue influence or lack of capacity. Stella did not transfer her 4,000 shares in Grangeway back to Goff, so she remains a shareholder. 31 King Street was beneficially owned by Grangeway. The shares in Rhapsody pass to Stella by survivorship.

Citation
[2014] EWHC 340 (Ch)
Parties
Claimant (in Her Own Right and as Executrix of the Estate of Godfrey Harry Burnard Deceased): Stella Burnard; Defendant: Graham Burnard; Defendant: Paul Burnard; Defendant: Daniel Burnard; Defendant: Pauline Burnard; Defendant: Heather Burnard; Defendant: Grangeway (Contractors) Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2014
Procedural Posture
Inheritance (provision for Family and Dependants) Act 1975 Claim and Rectification/construction of Will / Judgment After Trial of Preliminary Issues
Outcome
Preliminary issues determined in favour of Defendants on construction of will and validity of trust and transfer; Stella remains shareholder of 4,000 shares in Grangeway; Rhapsody shares pass to Stella; 27/29 Station Road and 31 King Street beneficially owned by Grangeway.
Legal Topics
Rectification of Wills, Construction of Wills, Validity of Trust Declarations, Share Ownership Disputes, Capacity and Undue Influence, Beneficial Ownership of Property, Doctrine of Election
Wills and Probate Trusts Company Law Property Law Rectification of Wills Construction of Wills Validity of Trust Declarations Share Ownership Disputes +3 more

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Parties

Stella Burnard

Claimant (in Her Own Right and as Executrix of the Estate of Godfrey Harry Burnard Deceased)

Graham Burnard

Defendant

Paul Burnard

Defendant

Daniel Burnard

Defendant

Pauline Burnard

Defendant

Heather Burnard

Defendant

Grangeway (Contractors) Limited

Defendant

Procedural Posture

Inheritance (provision for Family and Dependants) Act 1975 Claim and Rectification/construction of Will / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether clause 2 of the will should be construed as referring to Grangeway (Contractors) Limited rather than Grangeway Properties Limited
  2. 2 Whether the 1993 Declaration of Trust is valid and effective
  3. 3 Whether the 2007 TR1 transfer of 31 Station Road was validly executed, and if so, whether it was a gift or for consideration

Ratio Decidendi

The will is to be construed as referring to Grangeway (Contractors) Limited, not Grangeway Properties Limited, due to clear ambiguity and extrinsic evidence of intention. The 1993 Declaration of Trust is valid and not a sham, so 27, 29, and 31A Station Road were held on trust for Grangeway. The 2007 TR1 transfer of 31 Station Road was validly executed by Goff as a gift to Paul, with no undue influence or lack of capacity. Stella did not transfer her 4,000 shares in Grangeway back to Goff, so she remains a shareholder. 31 King Street was beneficially owned by Grangeway. The shares in Rhapsody pass to Stella by survivorship.

Court Disposition

Preliminary issues determined in favour of Defendants on construction of will and validity of trust and transfer; Stella remains shareholder of 4,000 shares in Grangeway; Rhapsody shares pass to Stella; 27/29 Station Road and 31 King Street beneficially owned by Grangeway.

Orders

  • Clause 2 of the will is to be construed as referring to Grangeway (Contractors) Limited.
  • The 1993 Declaration of Trust is valid and effective.