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England and Wales decisions
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The High Court construed a will clause giving residue to “the daughter of Lily Mason” and held the gift referred to Lily Mason’s two daughters in equal shares.
Wilkinson v Kirkham & Ors [2026] EWHC 1006 (Ch) (07 May 2026)
The High Court held that a will gift to “the daughter of Lily Mason” meant both daughters equally, rejecting uncertainty and avoiding partial intestacy.
A probate and family farm dispute. The court held the will gave residue to the widow, rejected proprietary estoppel, and dismissed the Inheritance Act claim.
Hodgson v Hodgson & Anor (Re Inheritance (Provision for Family and Dependents) Act 1975) [2026] EWHC 922 (Ch) (23 April 2026)
The High Court held that family farmland remained jointly owned, construed the will as substitutional only, and dismissed claims under proprietary estoppel and the 1975 Act.
British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2461 (Ch) (03 October 2025)
Costs judgment on a will-construction dispute. The court held the claim was a non-hostile Buckton category 1 or 2 matter and ordered estate costs on the indemnity basis.
British Camelids Ltd v Brooke Hospital for Animals & Ors [2025] EWHC 2255 (Ch) (05 September 2025)
Construction of a will’s residuary charitable gifts. The court held the gifts to named unincorporated charities and projects survived changes in legal form where the purposes continued.
Gifts to unincorporated charities in the will are construed as gifts for their charitable purposes, not conditional on the continued existence of the named entity unless the will shows a contrary intention. The first, second, and third defendants are entitled to the gifts as they continue the relevant charitable purposes. The gift to Burstow Wildlife Sanctuary is to be applied cy-près among parties carrying on its purposes.
Source excerpt
Tedford v Clarke & Ors [2025] EWHC 816 (Ch) (14 April 2025)
Probate construction case on Veronica Clarke’s will. The court construed class gifts, the meaning of “surviving,” and the scope of savings-account legacy.
The claim for determination of a construction question falls within Buckton (1) or (2); the correct order is that each of the claimant and the first, second and third defendants should have their costs out of the estate on the indemnity basis, as the proceedings were not hostile and there was no unreasonable conduct.
Source excerpt
The High Court construed a will clause referring to four parts as meaning three, avoiding partial intestacy. Rectification was unnecessary.
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