Will Clause Interpretation - class of beneficiaries

Trusts Discussion
1

I have been instructed on a matter where the deceased’s Will made in 1998 leaves part of the residue of her estate to her ‘nephews and nieces’. The deceased had siblings of the full blood and half blood.

Would this class of beneficiaries include only the nephews and nieces of the full blood or would it also extend to include the children from her half blood siblings?

2

Reference to “nephews and nieces” in the absence of any contrary indication extends to those of the half-blood [Re Hammersley (1886)]

Malcolm Finney

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3

Thank you for your reply Malcolm.

4

Extrinsic evidence may be admissible to show what relation was intended. … Re Ray, Cant v Johnstone [1916] 1 Ch 461; Re Stark (1970) 7 DLR (3d) 313 (nephews and nieces of the half blood included)…

See Williams on Wills 10th edition volume 1 at page 767

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