In the Matter of the Estate of Peter Henry Wales

23.07.2020

Stephen Boyd acted for the successful nephews and nieces by affinity in the Matter of the Estate of Peter Henry Wales.

By his will, the deceased gave his residuary estate to “such all of my nephew’s and niece’s children”. At the date of his death, the deceased had two blood nephews and two blood nieces. He also had three nephews by marriage and one niece by marriage. The issue for determination was whether the estate fell to be divided between the blood relatives alone or also the nephews and niece by affinity.

It was held by Master Teverson on 17 July 2020, that in the light of the surrounding circumstances, applying Marley v Rawlings [2015] AC 129 and Re Daoust [1944] 1 All ER 443, and considering the Canadian case of Re Holmes (2007) BCSC 51, the deceased intended to include nephews and nieces by affinity as well as by consanguinity.

Menu