White v Williams [2025] EWHC 115 (Ch) (03 February 2025)

The natural and ordinary meaning of 'failure' in clause 6(b) of the Will includes disclaimer; Keith's share therefore accrues to the remaining residuary beneficiaries under the Will, not to intestacy beneficiaries.

Citation: [2025] EWHC 115 (Ch)
Parties: Claimant: David Leslie White; Defendant: Keith Elfed Williams
Jurisdiction: England and Wales
Judgment Date: 03 February 2025
Procedural Posture: Part 8 Claim / Judgment After Written Submissions
Outcome: Keith's 1/6 share of the residuary estate accrues to the remaining beneficiaries under clause 6(a) of the Will.
Legal Topics: Disclaimer of Inheritance, Interpretation of Wills, Partial Intestacy, Substitutionary Clauses

Probate Trusts Succession Disclaimer of Inheritance Interpretation of Wills Partial Intestacy Substitutionary Clauses

Case Brief

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Parties

David Leslie White

Claimant

Keith Elfed Williams

Defendant

Procedural Posture

Part 8 Claim / Judgment After Written Submissions

Legal Issues

1 Does a disclaimer by a beneficiary constitute 'failure' under clause 6(b) of the Will?
2 Does Keith's share devolve to remaining beneficiaries or intestacy beneficiaries?
3 Does section 33A of the Wills Act 1837 affect the operation of substitutionary clauses in the Will?

Ratio Decidendi

Court Disposition

Keith's 1/6 share of the residuary estate accrues to the remaining beneficiaries under clause 6(a) of the Will.

Orders

Keith's share to be divided equally among the other five residuary beneficiaries.
No entitlement for intestacy beneficiaries to Keith's share.