Macintyre & Anor v Oliver & Ors

Macintyre & Anor v Oliver & Ors

Violet’s will is construed to include by implication the gift over to Victoria in the event Enid predeceased Edwin; the proper recipients of charitable gifts under Charles’ will are determined based on evidence and statutory framework; conditional words in Charles’ will are permissive, not mandatory, and do not...

Source-derived case information.

Parties
Claimant: Stuart Alexander James Macintyre; Claimant: Christopher John Hugo; Defendant: Victoria Baron Oliver; Defendant: Southern Health National Health Service Trust; Defendant: Barts Health National Health Service Trust; Defendant: St Andrew’s Church, Broughton; Defendant: Dorset Healthcare National Health Service Foundation Trust; Defendant: Ashley Cannon
Jurisdiction
England and Wales
Judgment Date
15 November 2018
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
Claim allowed; guidance given on construction of wills and identification of beneficiaries.
Legal Topics
Construction of Wills, Vesting of Gifts, Charitable Gifts, Gift Over, Intestacy, Cy Près Doctrine
Succession Trusts Charity Law Construction of Wills Vesting of Gifts Charitable Gifts Gift Over Intestacy +1 more

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Summary, issues, holding and outcome

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Parties

Stuart Alexander James Macintyre

Claimant

Christopher John Hugo

Claimant

Victoria Baron Oliver

Defendant

Southern Health National Health Service Trust

Defendant

Barts Health National Health Service Trust

Defendant

St Andrew’s Church, Broughton

Defendant

Dorset Healthcare National Health Service Foundation Trust

Defendant

Ashley Cannon

Defendant

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

  1. 1 Whether the gift over to Victoria under Violet's will fails
  2. 2 Whether the gift to Enid vested on Violet's death
  3. 3 Proper recipients of charitable gifts under Charles' will

Ratio Decidendi

Violet’s will is construed to include by implication the gift over to Victoria in the event Enid predeceased Edwin; the proper recipients of charitable gifts under Charles’ will are determined based on evidence and statutory framework; conditional words in Charles’ will are permissive, not mandatory, and do not cause the gifts to fail.

Court Disposition

Claim allowed; guidance given on construction of wills and identification of beneficiaries.

Orders

  • Violet’s residuary estate passes to Victoria Baron Oliver.
  • Sums due to Romsey Cottage Hospital to be paid to Southern Health National Health Service Trust.