‘In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words “the children and remoter issue of the Settlor” in a settlement meant the two adult sons of the settlor, even though (unbeknownst to the settlor during his lifetime) one of his sons was not biologically his child. The case raises interesting and difficult questions about how “terms of art” should be treated in settlements, wills and contracts. And, how that concept fits with the well-established approach to interpreting documents having regard to the ordinary, natural meaning of words and the intention of the party or parties making the document.’
Wilberforce Chambers, 4th December 2024
Source: www.wilberforce.co.uk
