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Ambiguous Will leaving estate to children of nephews and nieces (Re the Estate of Peter Henry Wales)

Published on: 31 July 2020
Published by: LexisPSL
  • Ambiguous Will leaving estate to children of nephews and nieces (Re the Estate of Peter Henry Wales)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: The court held that by referring to ‘such all of my nephew’s and niece’s children’ the testator was intending to include nephews and nieces by affinity as well as by consanguinity. The case is of interest in identifying the ‘surrounding circumstances’ which assisted in the interpretation of the Will. Written by Stephen Boyd, barrister, at Selborne Chambers, who acted for the nephews and niece by affinity. or take a trial to read the full analysis.

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