A recent Isle of Man High Court case delivered in November 2024 highlights a common issue in wills that involve offshore assets: UK-based lawyers often do not fully appreciate the Isle of Man’s distinct jurisdictional status. This oversight can lead to ambiguity in wills, as seen in the case of the estate of the late Olga Carol Bianchini, where restrictive wordings in her UK-drafted will created a potential intestacy.

The deceased, Olga Carol Bianchini, left two wills. One, dated February 28, 2014, dealt with her assets in England, Wales, and Scotland (the “Subject Will”). The other, made under Italian law on April 3, 2014, governed her assets in Italy. The Subject Will presented an internal inconsistency: while clause 1(c) limited its scope to assets in “England and Wales and Scotland,” subsequent clauses referenced specific assets located in the Isle of Man.

This discrepancy caused ambiguity, as the restrictive wording in clause 1(c) excluded the Isle of Man, potentially leaving part of the estate intestate. The claimants, beneficiaries under the will, sought rectification to include “and the Isle of Man” in clause 1(c), arguing that the error was due to a clerical oversight or a misunderstanding by the English solicitor who drafted the will.

Under section 20(1) of the Isle of Man Wills Act 1985, His Honour Deemster Needham rectified clause 1(c) to read: “My Will and any Codicil to it shall extend only to property of mine which is situated at my death in England and Wales Scotland and the Isle of Man.”

The court resolved the issue by rectifying it, ensuring it reflected the deceased’s true intentions. This practical outcome demonstrates the Isle of Man’s willingness to address such misunderstandings but also underscores the importance of proper legal advice when dealing with offshore assets.

Mr. Henwood, our advocate who acted for the Claimants in this case, specialises in navigating these complexities and can assist clients in ensuring their wills and estate plans accurately reflect their wishes across jurisdictions. You can read the judgment here: THE ESTATE OF OLGA CAROL BIANCHINI / 29 November 2024 / CIVIL – CHANCERY PROCEDURE

If you have a will involving offshore assets, please contact Tim Henwood or Kate Clague to discuss how MannBenham Advocates can be of assistance to you.

Article “Offshore Assets and Wills: Avoid Common Jurisdictional Mistakes” posted on 03 January 2025
Written by Tim Henwood