Kloosman v Aylen & Ors

Kloosman v Aylen & Ors

The gifts of £100,000 each to Linda Aylen and Susan Frost were not intended as portions or anticipations of their share of the estate, but as recompense for past and future care and expenses. The presumption against double portions does not arise. The estate should be distributed according to the will without bringing the gifts into account.

Parties
Claimant: George Kloosman; Defendant: Linda Marion Aylen; Defendant: Susan Jessica Frost; Defendant: Andrew Kelvin Frost; Defendant: Robert Frost; Defendant: Tracey Frost
Jurisdiction
England and Wales
Judgment Date
08 March 2013
Procedural Posture
Probate/inheritance / Judgment After Hearing
Outcome
Estate to be distributed according to the will without accounting for the gifts to Linda Aylen and Susan Frost.
Legal Topics
Presumption Against Double Portions, Doctrine of Ademption, Inter Vivos Gifts and Wills, Distribution of Estate
Succession Law Equity Presumption Against Double Portions Doctrine of Ademption Inter Vivos Gifts and Wills Distribution of Estate

Case Brief

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Parties

George Kloosman

Claimant

Linda Marion Aylen

Defendant

Susan Jessica Frost

Defendant

Andrew Kelvin Frost

Defendant

Robert Frost

Defendant

Tracey Frost

Defendant

Procedural Posture

Probate/inheritance / Judgment After Hearing

Legal Issues

  1. 1 Whether the gifts of £100,000 each to Linda Aylen and Susan Frost should be treated as portions and brought into account in the distribution of the estate
  2. 2 Whether the presumption against double portions applies to the gifts

Ratio Decidendi

The gifts of £100,000 each to Linda Aylen and Susan Frost were not intended as portions or anticipations of their share of the estate, but as recompense for past and future care and expenses. The presumption against double portions does not arise. The estate should be distributed according to the will without bringing the gifts into account.

Court Disposition

Estate to be distributed according to the will without accounting for the gifts to Linda Aylen and Susan Frost.

Orders

  • The estate is to be distributed by dividing the residue in the manner provided for in the will without taking into account the gifts to Mrs Aylen and Susan Frost.