Q&As

Under a survivorship provision in a Will, a legacy passes to A’s children. At the date of A's death, A has a child of full blood, a child of half blood and a child which is their husband's child of the half blood. To which of the three children will the legacy pass?

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Published on LexisPSL on 11/10/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Under a survivorship provision in a Will, a legacy passes to A’s children. At the date of A's death, A has a child of full blood, a child of half blood and a child which is their husband's child of the half blood. To which of the three children will the legacy pass?

Under a survivorship provision in a Will, a legacy passes to A’s children. At the date of A's death, A has a child of full blood, a child of half blood and a child which is their husband's child of the half blood. To which of the three children will the legacy pass?

As stated by North J, in the case Re Lowe, Danily v Platt (1892) 61 LJ Ch 415 (not reported by LexisNexis®):

'I do not see how I can avoid holding that where, in a gift to “children”, there being both legitimate and illegitimate children, there is an exception of one of the illegitimate children, the word “children” is intended to include both classes.'

When interpreting a contract, the court is concerned to find the intention of the party or parties, and it does this by identifying the meaning of the relevant words (Marley v Rawlings), in the light of:

  1. the natural and ordinary meaning of those words

  2. the overall purpose of the document

  3. any other provisions of the document

  4. the facts known or assumed by the parties at the time that the

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