Naylor & Anor v Barlow & Ors

Naylor & Anor v Barlow & Ors

Substituted beneficiaries under s.33 Wills Act 1837 take subject to any condition subsequent binding their parent; ignorance of the condition does not excuse non-fulfilment; the gift over takes effect and the share passes to the default beneficiaries.

Parties
Claimant: Ian Christopher Naylor; Claimant: Emma Louise Amat; Defendant: Judith Barlow; Defendant: Janet Lomax; Defendant: Beryl Clowes; Defendant: John Hine; Defendant: Barbara Hine
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Part 8 Claim / Judgment After Trial
Outcome
Claim allowed; substituted gift failed; share passed to default beneficiaries
Legal Topics
Wills, Conditions Subsequent, Substitutionary Gifts, Ignorance of Condition, Distribution of Estate
Succession Trusts Property Wills Conditions Subsequent Substitutionary Gifts Ignorance of Condition Distribution of Estate

Case Brief

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Parties

Ian Christopher Naylor

Claimant

Emma Louise Amat

Claimant

Judith Barlow

Defendant

Janet Lomax

Defendant

Beryl Clowes

Defendant

John Hine

Defendant

Barbara Hine

Defendant

Procedural Posture

Part 8 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether substituted beneficiaries under s.33 Wills Act 1837 take subject to conditions subsequent binding their parent
  2. 2 Effect of ignorance of condition on fulfilment and forfeiture of testamentary gift

Ratio Decidendi

Substituted beneficiaries under s.33 Wills Act 1837 take subject to any condition subsequent binding their parent; ignorance of the condition does not excuse non-fulfilment; the gift over takes effect and the share passes to the default beneficiaries.

Court Disposition

Claim allowed; substituted gift failed; share passed to default beneficiaries

Orders

  • Substituted gift of testator’s one-third share in farm to Judith and Janet failed; share passes to Beryl and Basil
  • Outstanding rental debt owed by John to be deducted from his share of estates