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Trusts and Estates

Will drafting – describing a property

The purpose of a will is to make clear the intentions of the testator, to say which beneficiary is to get which item of property. Inevitably, the terms of the will are going to have to be put into effect at a time when the testator himself is not going to be there to clear up any ambiguities or lacunae. Text books give examples of expressions which may appear to be unambiguous at first sight, but when the clarity vanishes when it has to be applied to the property in the estate. Often, the examples given relate to chattels, but a recent case concerned land. The Court was considering a contested application for rectification of a will in Sprackling v Sprackling 2008 EWHC 2696 Ch.

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