Helen Freely and Paul Levy acted for the widow (the 6th Defendant) in the case of Eade v Hogg  EWHC 1057 (Ch). She supported the Claimant’s case and judgment was handed down on Friday in favour of the Claimant. The case turned on the construction and rectification of Clause 2 of the Will. The question before the Court was whether the deceased intended the Claimant and 6th Defendant to inherit 26% of the shares in a company each or together.
The judgment supported a generous approach to interpretation and the scope of statutory rectification. The case implies a duty on an executor who has prepared a Will to assist the parties to resolve any dispute about its meaning and the testator’s instructions, rather than protect his own position as Will drafter.
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