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CONSTRUCTION – RSPCA V SHARP & MASON [2010] EWCA CIV 1474;[2010] EWHC 268

JANUARY 19TH 2011 | 03:49 TAGS: TAX WILLS

The awkward case of RSPCA v Sharp reached the Court of Appeal on 21 December 2010. It was an appeal by the RSPCA against the judgment of Peter Smith upon the interpretation of a testator’s Will. The interpretation of the Will had been challenged by the RSPCA as residuary beneficiary and caused much debate. He found against the charity and was most critical of their approach to the matter. The Court of Appeal unanimously disagreed with the trial judge and concluded the RSPCA should succeed.

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