In the recent judgement passed down in Bonham v Stringer [2025] EWHC 28 (Ch), it was established that a will clause establishing a trust to be divided into “four parts of equal value” could instead be construed as meaning “three parts”, and as such no rectification to the will was needed.
The clause in question read as follows:
“MY TRUSTEES shall hold the Trust Fund ON TRUST to divide it or to treat it as being divided into four parts of equal value and to hold them on the following trusts and subject to the following provisions…”
The clause then went on to clearly establish three parts in which the Trust Fund was to be divided, and as such, the Claimants wished to establish the true meaning of the clause.
HHJ Matthews reviewed the rules of construction and the application of those rules and came to the conclusion that the division into four parts was directly tied to the following three subclauses. He stated that it was “tolerably clear” that the word “four” was used instead of “three”, and quoted the case of Key v Key (1853) 4 De G M & G 73,84 that the “spirit is strong enough to overcome the letter” in a case such as this.
HHJ Matthews also went on to state that even if he were wrong, under section 21 of the Administration of Justice Act 1982, extrinsic evidence was admissible where language in a document is ambiguous. In looking at the extrinsic evidence of the solicitors who prepared the will, HHJ Matthews concluded that the error in drafting appears to have resulted from a failure to save the final version of the testator’s draft will (the testator having changed his mind previously).
As such, the will was construed to have meant “three” rather than “four”, and no rectification was needed.
The judgment in this case shows that the approach to such mistakes in wills is very much dependant on the intention of the surrounding clause, and the document as a whole. It also demonstrates how the use of direct extrinsic evidence in circumstances of ambiguity can allow the court to come to a clear conclusion.
– Katie Entwisle, Solicitor
