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Partington (Executor of the Estate of Nicholas Martin Rossiter) (claimant/resp) –v- Rossiter (def/appellant)

Thursday 21st October 2021

The Defendant/Appellant appeals, with the part permission of HHJ Cadwallader, sitting as a Deputy High Court Judge, his order of 20 November 2020, whereby he declared that the 13 June 2013 Will means by ‘United Kingdom’ and ‘UK’ the United Kingdom together with Jersey and ordered that the Defendant do pay 80% of the Claimant’s costs partly on the standard basis and partly on the indemnity basis, ordered that the Defendant make an interim payment of costs and that the Claimant is permitted to take his costs out of the deceased’s estate on the indemnity basis.

Permission to appeal was granted by paragraph 4 of the Order on grounds 1 and 2, that is on the questions whether the Judge was wrong to conclude that the words ‘United Kingdom’ in the Will had two ordinary meanings such that they were, for the purpose of sections 21(1)(b) and 21(1)(c) of the Administration of Justice Act 1982, ambiguous on their face, and in the light of admissible evidence and circumstances of the case.

The dispute concerns the interpretation of the Will dated 13 June 2013 made by Nicholas Partin Rossiter. The Claimant, the executor of the deceased, sought rectification of the Will on the basis that it covered the deceased’s assets, valued at about £600,000, located in Jersey. The deceased, Nicholas Rossiter, died domiciled in Russia and his Will dated 13 June 2013 was granted probate out of Manchester District Probate Registry on 11 January 2019. The Defendant was the wife of the deceased.

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