Harte, Re

Harte, Re

The court held that 'one part' means 'one tenth', the residuary estate includes all personal and real property after payment of debts and expenses, and ambiguous or misnamed charitable gifts should be construed or rectified to reflect the testatrix's true intentions as evidenced by instructions and charity numbers. The gift to West Berkshire Ambulance Hospital was rectified to Thames Valley and Chiltern Air Ambulance Trust. Partial intestacy applies to the share of the predeceased beneficiary.

Parties
Claimant: Patrick James Stewart; Claimant: Michael James Davis; Deceased: Florence Rosemary Harte
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Probate / Judgment
Outcome
Declarations granted; will construed and rectified as requested.
Legal Topics
Will Construction, Will Rectification, Partial Intestacy, Charitable Gifts
Succession Probate Trusts Will Construction Will Rectification Partial Intestacy Charitable Gifts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Patrick James Stewart

Claimant

Michael James Davis

Claimant

Florence Rosemary Harte

Deceased

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Interpretation of 'one part' versus 'one tenth' in will
  2. 2 Identification of intended charitable beneficiaries
  3. 3 Rectification of misnamed or ambiguous beneficiaries

Ratio Decidendi

The court held that 'one part' means 'one tenth', the residuary estate includes all personal and real property after payment of debts and expenses, and ambiguous or misnamed charitable gifts should be construed or rectified to reflect the testatrix's true intentions as evidenced by instructions and charity numbers. The gift to West Berkshire Ambulance Hospital was rectified to Thames Valley and Chiltern Air Ambulance Trust. Partial intestacy applies to the share of the predeceased beneficiary.

Court Disposition

Declarations granted; will construed and rectified as requested.

Orders

  • Residuary estate declared to comprise all personal and real property after payment of debts, funeral, testamentary and administration expenses, and inheritance tax.
  • 'One part' in clauses 4.2 to 4.5 construed as 'one tenth part'.