David Leslie White v Keith Elfed Williams
The natural and ordinary meaning of 'fails' in clause 6(b) of the Will includes disclaimer, so Keith's share accrues to the other residuary beneficiaries under the substitutionary clause, not on intestacy.
- Parties
- Claimant: David Leslie White; Defendant: Keith Elfed Williams
- Jurisdiction
- England and Wales
- Judgment Date
- 02 March 2025
- Procedural Posture
- Probate / Final Judgment
- Outcome
- Keith Elfed Williams' 1/6 share of the residuary estate is to be divided between the other beneficiaries named in clause 6(a) of the Will.
- Legal Topics
- Disclaimer of Inheritance, Interpretation of Wills, Partial Intestacy, Substitutionary Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
David Leslie White
Claimant
Keith Elfed Williams
Defendant
Procedural Posture
Probate / Final Judgment
Legal Issues
- 1 Does Keith Elfed Williams' disclaimer of his share under the Will result in partial intestacy or does the share accrue to other beneficiaries under the substitutionary clause?
- 2 Does the word 'failure' in clause 6(b) of the Will include disclaimer?
- 3 What is the effect of section 33A of the Wills Act 1837 on disclaimer?
Ratio Decidendi
The natural and ordinary meaning of 'fails' in clause 6(b) of the Will includes disclaimer, so Keith's share accrues to the other residuary beneficiaries under the substitutionary clause, not on intestacy.
Court Disposition
Keith Elfed Williams' 1/6 share of the residuary estate is to be divided between the other beneficiaries named in clause 6(a) of the Will.
Orders
- Keith's share is to be distributed among the remaining five residuary beneficiaries under clause 6(a) of the Will.
Full Case Text
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