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Implied revocation by a residuary gift in a Will of a revocable appointment (Equiom (Isle of Man) Ltd v Velarde)

Published on: 23 June 2021
Published by: LexisPSL
  • Implied revocation by a residuary gift in a Will of a revocable appointment (Equiom (Isle of Man) Ltd v Velarde)
  • 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 case concerned a revocable appointment made in 1997 (1997 Appointment) by a beneficiary under a 1949 Settlement which appointed onto trusts for two of her three children. In 2007 she made a Will whereby she provided: ‘I LEAVE DEVISE BEQUEATH AND APPOINT the whole of my real estate and the rest residue and remainder of my personal estate wheresoever situate and of whatsoever kind of or to which I shall be seised possessed or entitled at the date of my death or over which I shall have any power of testamentary disposition whatsoever’ among all three of her children. The question was whether that clause revoked the earlier appointment. The court held that it did, notwithstanding no reference to the earlier appointment or the 1949 Settlement. Written by Penelope Reed QC, head of Chambers at 5 Stone Buildings, Lincoln’s Inn. or take a trial to read the full analysis.

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