Pierce v Barton [2023] EWHC 3016 (Ch) [2023] 111 WLUK 520
Date: 4 December 2023
Barrister/s: John Dickinson
Area/s of law: Administration of Estates, Wills & Trusts
Date: 4 December 2023
Barrister/s: John Dickinson
Area/s of law: Administration of Estates, Wills & Trusts
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A decision of HHJ Paul Matthews of 29 November 2023 on the construction of a clause in a will. The court was able to use background information including solicitor’s attendance notes to construe words in the will purporting to gift an interest in a property to a beneficiary as being the discharge of the Estate’s legal charge over the beneficiary’s property. The court also made findings that the legal charge was extinguished under the Limitation Act 1980. John Dickinson acted for the executors of the Estate who were seeking the outcome achieved to break a deadlock in the administration of the Estate.