Lisa Carkeek highlights the importance of will construction
The issue in RSPCA v Sharp & others [2010] All ER (D) 253 (Dec) was the construction of the will.
By his will, dated 19 January 2005, George Mason (the testator) divided his estate between his friends, Norman and Patricia Sharp, his brother John Mason, and the RSPCA, as follows:
“3. I GIVE the amount which at my death equals the maximum which I can give to them by this my will without Inheritance Tax becoming payable in respect of this gift:
- as to seventy-eight percent (78%) to the said NORMAN JAMES SHARP AND PATRICIA DAPHNE SHARP as shall survive me and if more than one in equal shares absolutely
- as to twenty-two percent (22%) to JOHN EDWARD MASON of 4 Jervis Avenue Freezywater EN3 6LT absolutely
4. I GIVE my property situate and known as 39 Malvern Road Gosport in Hampshire PO12 3LH to the said NORMAN JAMES SHARP and PATRICIA DAPHNE SHARP as shall survive me and if more than one jointly and equally absolutely and I direct that the Inheritance Tax (if any)
