Estate of Turquand-Young [2013] JRC 235 (26 November 2013)

Estate of Turquand-Young [2013] JRC 235 (26 November 2013)

Clause 7 of the Will is to be construed as dividing the residuary estate into eight equal shares, with Macmillan Cancer Support entitled to two shares under its different historical names, as the Will expressly provides for eight named beneficiaries and the Court cannot speculate as to the testator's intentions beyond the expressed language.

Citation
[2013] JRC 235
Parties
Applicant: Executor (Representor); Respondent: Macmillan Cancer Support; Respondent: Marie Curie Cancer Care; Respondent: Save the Children Fund; Respondent: Age UK (successor to Help the Aged); Respondent: The Multiple Sclerosis Society; Respondent: The Salvation Army of the United Kingdom; Respondent: Sara Lee Trust
Jurisdiction
Jersey
Judgment Date
26 November 2013
Procedural Posture
Probate Application / Application for Construction of Will
Outcome
Application granted; clause 7 construed as dividing the residue into eight equal shares, two to Macmillan.
Legal Topics
Construction of Wills, Charitable Bequests, Mistake in Testamentary Disposition, Interpretation of Testamentary Documents
Wills and Probate Charity Law Conflict of Laws Construction of Wills Charitable Bequests Mistake in Testamentary Disposition Interpretation of Testamentary Documents

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Parties

Executor (Representor)

Applicant

Macmillan Cancer Support

Respondent

Marie Curie Cancer Care

Respondent

Save the Children Fund

Respondent

Age UK (successor to Help the Aged)

Respondent

The Multiple Sclerosis Society

Respondent

The Salvation Army of the United Kingdom

Respondent

Sara Lee Trust

Respondent

Procedural Posture

Probate Application / Application for Construction of Will

Legal Issues

  1. 1 Whether the residuary estate should be divided into seven or eight equal shares given that two named charities are in fact the same entity
  2. 2 Whether Macmillan Cancer Support is entitled to two shares of the residue under different historical names

Ratio Decidendi

Clause 7 of the Will is to be construed as dividing the residuary estate into eight equal shares, with Macmillan Cancer Support entitled to two shares under its different historical names, as the Will expressly provides for eight named beneficiaries and the Court cannot speculate as to the testator's intentions beyond the expressed language.

Court Disposition

Application granted; clause 7 construed as dividing the residue into eight equal shares, two to Macmillan.

Orders

  • Residuary estate to be divided into eight equal parts, two parts to Macmillan Cancer Support.
  • Costs of the parties to be paid out of the residuary estate.