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State of play: case summaries

Elizabeth Eyre and Jennifer Ridgway examine recent cases involving the amendment of a will post-death, a deceased's domicile and the living arrangements of a vulnerable individual

12 May 2016

Slattery and others v Jagger and others

In this case, the Chancery Division allowed the claimants' application for a will to be construed so as to include the words 'to my wife', which were accidentally omitted, to give effect to a gift to the widow of the testator.

The testator, AJ, died in March 2014 at the age of 89. AJ had made two wills, the first in April 2007 and the second in June 2011, thereby revoking the first will. In his first will, he had left his share of the family home, held as tenant in common, to his second wife, RJ.
In his second will, clause three read:

'I give devise and bequeath my beneficial share...in...any...property...which my wife and I co-own as principal residence at my death and I declare that this gift is to be free...of any money charged...on my share...for her own use and ben...

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