The Royal Society v Robinson & Ors

The Royal Society v Robinson & Ors

On the true construction of the 2009 Will, considering the testator’s intention and the surrounding circumstances, the phrase 'property situated at my death in the United Kingdom' includes assets in the Channel Islands and Isle of Man, so the offshore accounts pass to the Royal Society as residuary beneficiary.

Parties
Claimant: The Royal Society; Defendant: Zoe Ruth Robinson; Defendant: Lorna Joy Robinson; Defendant: James Masterman; Defendant: Rebecca Masterman
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Probate/will Construction / Judgment
Outcome
Declaration granted in favour of the claimant; construction of Will includes offshore assets.
Legal Topics
Construction of Wills, Rectification of Wills, Ambiguity in Testamentary Documents, Jurisdiction Over Offshore Assets, Interpretation of 'united Kingdom' in Wills
Succession Law Probate Trusts and Estates Construction of Wills Rectification of Wills Ambiguity in Testamentary Documents Jurisdiction Over Offshore Assets Interpretation of 'united Kingdom' in Wills

Case Brief

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Parties

The Royal Society

Claimant

Zoe Ruth Robinson

Defendant

Lorna Joy Robinson

Defendant

James Masterman

Defendant

Rebecca Masterman

Defendant

Procedural Posture

Probate/will Construction / Judgment

Legal Issues

  1. 1 Whether the phrase 'property situated at my death in the United Kingdom' in the 2009 Will includes assets in the Channel Islands and Isle of Man
  2. 2 Whether the Will should be rectified to include offshore accounts
  3. 3 Whether the court should admit the Will to probate with certain words omitted

Ratio Decidendi

On the true construction of the 2009 Will, considering the testator’s intention and the surrounding circumstances, the phrase 'property situated at my death in the United Kingdom' includes assets in the Channel Islands and Isle of Man, so the offshore accounts pass to the Royal Society as residuary beneficiary.

Court Disposition

Declaration granted in favour of the claimant; construction of Will includes offshore assets.

Orders

  • Declaration that the 2009 Will includes assets in the Channel Islands and Isle of Man as part of the residuary estate passing to the Royal Society.
  • If necessary, permission granted to apply for rectification of the Will under s.20 Administration of Justice Act 1982.