Wright's Trustees v Callender [1993] UKHL 13 (28 January 1993)
Citation:Wright's Trustees v Callender [1993] UKHL 13 (28 January 1993)
Rule of thumb:What happens if a factual scenario raised a legal issue, and the law related to this factual scenario has changed/developed by the time the case reaches Court? What law applies to that scenario – the old law or the new law? The Court in this case affirmed the ‘as it stood at the time’ principle – this means that when deciding the legalities of any circumstances the matter has to be decided according to the law at the time of the incident. It is not presumed that the law always evolves for the better to make laws fairer and clear, and that it should therefore be the updated laws that apply to things – this is firmly and unequivocally rejected.
Background facts:The facts of this case were that there was a will decided. The law at the time of the will being written being applied to the law would have led to legatees in the will getting a different amount of money than if the modern day law rules had been applied to the will.
Court held:The Court in this case affirmed that the money each legatee should receive was according to the law at the time when the will was written being applied to the will.
Ratio-decidendi:
‘These opinions indicate that a testator is not to be regarded as having contemplated that there might be a change in the law between his death and the opening of the succession and that the more natural intention to attribute to him is that the succession should be regulated by the law as it stood at the time...’ Lord Keith of Kinkel at 420
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.