Joyce Appleby left a Will leaving her estate to her 2 sons in equal shares. In the event of her son Don dying before her, his share should pass to his wife, Cindy. Seems straight forward enough however since making her Will, Don had divorced Cindy and remarried. So when he died before his Mother and Joyce's estate was due to be administered should that default beneficiary be "his wife" or "Cindy". This was the basis of a Court Hearing where the Judge found in favour of Cindy. Witnesses (including Joyce's other son) gave evidence that Joyce's wish would still have been for Cindy to receive the inheritance despite the divorce. This took years of fighting and tens of thousands of pounds in legal fees. One thing is for certain, no one actually knows what Joyce would have wanted and so this case shows the importance of reviewing your Will regularly. A review of the Will and a note from Joyce confirming that the divorce didn't change anything, may have avoided litigation.
‘The natural and ordinary meaning of the words (in the will) is that Don’s share should go to Cindy Ash.