Naylor and another v Barlow and others

Wills – Probate. The effect of the non-compliance with a condition imposed on a gift demised in a testator's will, meant that the condition applied to substituted beneficiaries, where the initial beneficiary had predeceased the testator. The Chancery Division further held that the substituted beneficiaries' failure to comply with the condition because they had not been aware of it had not made it impossible to fulfil and accordingly the effect of non-compliance with the condition had applied.

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