Vucicevic & Anor v Aleksic & Ors

Vucicevic & Anor v Aleksic & Ors

The will was validly executed and the testator had capacity. The legacy to Alex Dubljevic is £8,000. The gift of the three houses is to the Serbian Orthodox Church in London, held on trust for people in need, especially children, in Kosovo. The condition restricting sale of the Montenegrin house until 2040 is valid. The phrase 'all the money' includes the residuary estate; there is no partial intestacy.

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
20 September 2017
Procedural Posture
Probate/part 8 Claim / Judgment After Hearing
Outcome
Declaratory judgment with directions to draft order
Legal Topics
Construction of Wills, Testamentary Capacity, Charitable Trusts, Partial Intestacy, Interpretation of Precatory Language, Renvoi
Succession Law Trusts and Estates Private International Law Construction of Wills Testamentary Capacity Charitable Trusts Partial Intestacy Interpretation of Precatory Language +1 more

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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/part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the will of Veljko Aleksic was validly executed and effective
  2. 2 Whether the testator had testamentary capacity
  3. 3 Construction of ambiguous gifts in the will

Ratio Decidendi

The will was validly executed and the testator had capacity. The legacy to Alex Dubljevic is £8,000. The gift of the three houses is to the Serbian Orthodox Church in London, held on trust for people in need, especially children, in Kosovo. The condition restricting sale of the Montenegrin house until 2040 is valid. The phrase 'all the money' includes the residuary estate; there is no partial intestacy.

Court Disposition

Declaratory judgment with directions to draft order

Orders

  • The legacy to Alex Dubljevic is £8,000.
  • The gift of the three houses is to the Serbian Orthodox Church in London, held on trust for people in need, especially children, in Kosovo.