In re Bliss, decd
Series: Weekly Law Reports ; [2001] 1 WLR 1973-1982(9)Publication details: 2001Subject(s): Summary: ChD 2 April 2001. Under the terms of Phyllis Mary Bliss's will, the claimants, Roy and Linda Joyce Layton, sought pursuant to CPR Pt 8 the direction of the court on several questions concerning the construction of an option to purchase one or both of the two flats situated in Broadstone, Dorset. The claimants wished to know whether the probate valuation obtained after the death of the testatrix was sufficient for the purposes of the option, and whether the option valuation should take account of events, such as the husband of the testatrix giving up his right of occupation, which occurred after the testatrix's death. "Held", that the valuation for the purposes of the option had to be made as at the date of the testatrix's death, but the probate valuation could not be relied on; and that the option valuation should only take account of facts as at the testatrix's death and not events subsequent, such as the death of the husband.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS64830 (Browse shelf(Opens below)) | 1 | Available | 115856-1001 |
ChD 2 April 2001. Under the terms of Phyllis Mary Bliss's will, the claimants, Roy and Linda Joyce Layton, sought pursuant to CPR Pt 8 the direction of the court on several questions concerning the construction of an option to purchase one or both of the two flats situated in Broadstone, Dorset. The claimants wished to know whether the probate valuation obtained after the death of the testatrix was sufficient for the purposes of the option, and whether the option valuation should take account of events, such as the husband of the testatrix giving up his right of occupation, which occurred after the testatrix's death. "Held", that the valuation for the purposes of the option had to be made as at the date of the testatrix's death, but the probate valuation could not be relied on; and that the option valuation should only take account of facts as at the testatrix's death and not events subsequent, such as the death of the husband.