This article will cover an overview of the recent case of White v Williams, 2025 EWHC 115 Ch which concerns a case of interpretation on whether the word ‘failure’ in the context of a gift in a will should include a disclaimer by the beneficiary of that gift.
Background – Disclaimer
A beneficiary has the freedom to declaim any gift to them by Will or Intestacy, they cannot be forced to take a gift against their will. Any person that does wish to disclaim can do so by a Deed of Disclaimer, or alternatively it may be seen from their conduct that they have disclaimed.
Case Facts
David Leslie White, the claimant, is the sole executor of the will of Elfed Williams, who passed away on 11 June 2023. The will left the residuary estate to be divided into six equal parts among specified beneficiaries with one share passing to the deceased’s son, Keith Elfed Williams. Keith was estranged from the deceased and expressed his intention to disclaim his share of the estate, valued at over £60,000, but did not complete a formal disclaimer. The court was satisfied from Keith’s conduct that he had shown intention to disclaim his share.
The residuary estate included an accruer clause stating that if any of the above shares ‘should fail’ that the failed share shall accrue to the beneficiaries of the other shares.
A claim arose whether the wording relating to failure in the accruer clauses included a disclaimer. If it did, Keith’s failed share should pass to the other residuary beneficiaries. If it did not, a partial intestacy would occur and Keith’s share would pass to Elfed’s living siblings, and the daughter of a deceased sibling.
Case Decision
33A of the Wills Act 1837, introduced by section 2 of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 provides that where a person disclaims a gift in a will, “unless a contrary intention appears by the will”, that person is to be treated for the purposes of the Act as having died immediately before the testator. A similar provision also applies to intestacy under S46A Administration of Estates Act 1925.
Elfed’s will contained no such contrary intention. In the court’s view, the natural and ordinary meaning of the word ‘fails’ extended to a disclaimer. The gift to Keith therefore was considered as failing which resulted in his share being distributed among the remaining residuary beneficiaries as per the will’s provisions.
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