James & The Co-Operative Trust Corporation v Owen, James & James

Area of law:

1 March 2014

Christopher was instructed by MFG Solicitors to represent the claimants in a trial before Mr Justice Morgan, sitting in the Chancery Division in Cardiff. The claimants sought orders for the construction of the trusts set up by the deceased’s will, and for directions in the future administration of the estate.

Section 21 Administration of Justice Act 1982 was considered and it was held that the various gateways to the admission of extrinsic evidence to assist the construction of the will were not triggered. It was declared that the deceased’s former home was left to her trustees subject to a right of occupation in favour of her son, rather than the life interest that he claimed.