Vucicevic & Ors v Aleksic & Ors

Vucicevic & Ors v Aleksic & Ors

On the true construction of the will, the gift to 'the Serbian Orthodox Church' is to the London branch, with which the testator was most closely connected. The order is to be varied to specify 'in London' after 'the Serbian Orthodox Church'.

Parties
Claimant: Goran Vucicevic; Claimant: Stephen Anthony Richards Bond; Defendant: Stanko Aleksic; Defendant: Vladika Amilofije; Defendant: The Serbian Orthodox Church (Montenegro Branch); Defendant: The Serbian Orthodox Church (Head Office in Serbia); Defendant: The Serbian Orthodox Church Sveti Sava (London); Defendant: Vladan Aleksic; Defendant: The Attorney General; Defendant: Alex Dubljevic
Jurisdiction
England and Wales
Judgment Date
10 October 2017
Procedural Posture
Probate/charity / Supplemental Judgment on Variation of Order
Outcome
Order varied to specify 'the Serbian Orthodox Church in London' as the beneficiary.
Legal Topics
Construction of Will, Charitable Trusts, Variation of Court Order
Probate Charity Law Construction of Will Charitable Trusts Variation of Court Order

Case Brief

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Parties

Goran Vucicevic

Claimant

Stephen Anthony Richards Bond

Claimant

Stanko Aleksic

Defendant

Vladika Amilofije

Defendant

The Serbian Orthodox Church (Montenegro Branch)

Defendant

The Serbian Orthodox Church (Head Office in Serbia)

Defendant

The Serbian Orthodox Church Sveti Sava (London)

Defendant

Vladan Aleksic

Defendant

The Attorney General

Defendant

Alex Dubljevic

Defendant

Procedural Posture

Probate/charity / Supplemental Judgment on Variation of Order

Legal Issues

  1. 1 Proper construction of a charitable gift in a will
  2. 2 Identification of the intended beneficiary among several church branches
  3. 3 Court's power to vary its own order under CPR r 3.1(7)

Ratio Decidendi

On the true construction of the will, the gift to 'the Serbian Orthodox Church' is to the London branch, with which the testator was most closely connected. The order is to be varied to specify 'in London' after 'the Serbian Orthodox Church'.

Court Disposition

Order varied to specify 'the Serbian Orthodox Church in London' as the beneficiary.

Orders

  • Counsel to draft a short order to make the variation and submit it for approval.