The Law Society Gazette this week analysed the case of The Royal Society v Robinson. The testator had left property situated in the UK in his will to the Royal Society and was found to have clearly intended to include assets in the Isle of Man and Jersey, technically not part of the UK. The testator's intention in this case was considered paramount and if this was found to be wrong, the Court granted leave to apply out of time to rectify the Will.
The case usefully highlights the importance of correct terminology. Rather than attempting to limit the English will to certain assets, it is usually preferable to draft it to deal with all assets ‘other than those in X’. The chances of assets failing to be covered by either will are then reduced.