Eade v Hogg [2021]

Helen Freely and Paul Levy acted for the widow (the 6th Defendant) in the case of Eade v Hogg [2021] 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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