- Granddaughter inherits mother’s share pursuant to section 33 of the Wills Act 1837 (Ashton v Brackstone)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: Testators commonly provide in their Wills for a gift to ‘such of my children as shall survive me in equal shares’ or words to similar effect. When an estate is administered, and the Will contains a gift to ‘such of my children as shall survive me in equal shares’, and one or more but not all of the testator’s children has predeceased the testator leaving issue, a question arises. Does the Will exclude section 33 of the Wills Act 1837 (WA 1837), which provides in certain cases for a gift to a testator’s child or remoter issue (the intended beneficiary) who predeceases the testator to pass in substitution to the issue of the intended beneficiary? The substitution provisions in WA 1837, s 33 apply ‘unless the contrary intention appears by the Will’. Written by Rupert Coe, barrister at Three Stone.
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