Interpretation of Will clause

(Rosemary Johns) #1

I am dealing with an estate whereby the will contained a specific gift of the deceased’s motorbike collection to his brother (also an Executor, but not a Trustee). The will was a deathbed will.

Following the death of the deceased, it transpired that as well as the motorbikes stored in his garage, there was also a collection of motorbike parts stored with them

I am wondering if a gift of a motorbike collection would imply/include any separate parts belonging to the said motorbikes. There is a currently a dispute as to whether or not the motorbike parts belong to the estate or if they are part and parcel of the specific gift.

I am aware of the cases of Tish and Allgood and the ‘armchair principle’ which are helpful but wondered if members could share any similar experiences or offer any views as to the stance the Executors should take.

Rosemary Johns
Birchall Blackburn Law