Hand and another v George and another

Will – Construction. The Chancery Division allowed a claim brought by the adopted children of K (deceased). K was the son of H (also deceased). The main issue was whether the claimants counted as 'children' for the purposes of H's will, which had made provision for K and his siblings, with the remainder to their children. The court held that the claimants were entitled to inherit the part of K's estate that derived from H's will. It held, among other things, that the court had to respect their right under art 14 of the European Convention on Human Rights, in conjunction with art 8 of the Convention, not to be discriminated against by the application of a legislative provision, which caused the ambiguous reference in the will to the deceased's grandchildren to be construed as excluding the claimants, as his adopted grandchildren.

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