Legal News

Condition on gift applies to children of beneficiary predeceasing testator (Naylor and another v Barlow and others)

Published on: 28 June 2019
Published by: LexisPSL
  • Condition on gift applies to children of beneficiary predeceasing testator (Naylor and another v Barlow and others)
  • What are the practical implications of the judgment?
  • What was the background?
  • What did the court decide?

Article summary

Private Client analysis: Michael O’Sullivan, barrister at 5 Stone Buildings, examines the High Court’s decision in Naylor and another v Barlow and others that where a testator places a condition subsequent on a gift, but the intended beneficiary predeceases the testator without having complied with the condition, the gift did not pass to the intended beneficiary’s children free of the condition, even though they could not have complied with it. or take a trial to read the full analysis.

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