Re dorman {1994}
🕯️ Behind the Will: Re Dorman [1994] 2 All ER 545 – When a Gift Disappears
This week’s Behind the Will looks at Re Dorman [1994] 2 All ER 545, a fascinating decision about ademption — what happens when a specific gift in a will no longer exists when the testator dies.
⚖️ Case of the Week: Re Dorman [1994] 2 All ER 545 – The Vanished Bank Account
Mrs Dorman’s will left her godson “all money in my Barclays Bank account.” Years later, she closed that account and transferred the funds into a new National Savings account. When she passed away, the godson claimed the money, but the executors argued the gift had “adeemed” — it no longer existed in the form specified.
The court agreed that the Barclays account no longer existed — but it also recognised that Mrs Dorman’s intention had been to benefit her godson with that money, wherever it was kept. Because the transfer was purely administrative (not a change of mind), the court held that the gift had not adeemed. The godson still received the funds.
🔑 Key Takeaways:
1. Ademption Isn’t Always Automatic:
A gift only fails if the subject matter has changed so substantially that it’s no longer the same item in law or intention.
2. Intention Can Save a Gift:
If the testator simply moves the same money or assets to a new place, the court may uphold the gift.
3. Careful Drafting Prevents Disputes:
Wills should be drafted to describe assets flexibly (“any funds held by me in Barclays or successor accounts”) to avoid ademption.
4. The Equitable Approach:
Re Dorman shows the court’s willingness to interpret wills purposively, ensuring fairness where the testator’s intention is clear.
💬 Practical Tip for Practitioners:
When reviewing a client’s will, confirm that their assets still exist as described. Even small banking changes can alter legal outcomes — regular updates are key to preserving the testator’s wishes.
Stay tuned for next week’s Behind the Will case commentary, where we’ll explore another instance of how life’s small practical changes can cause big legal consequences.
