- Construction and rectification of Wills (Eade v Hogg)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The court construed a power of appointment of shares up to such amount as should bring the holdings of both of two beneficiaries up to 26% of the share capital as permitting appointment of so many shares as to bring each of their shareholdings up to 26% of the shares, rather than a combined total of 26%. The court would alternatively have rectified the Will to that effect by reason of clerical error, and did rectify the provision such that exercise of the power was mandatory within a reasonable period, rather than discretionary, on the basis of a failure to understand instructions. These conclusions were reached against the evidence of the draftsman. The case illustrates the practical approach of the courts to construction and rectification, and provides a salutary warning to practitioners to ensure Will instructions are properly taken, recorded, verified and preserved. Written by Edward Hicks, barrister at Radcliffe Chambers.
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