Manning v Purcell – Whether a gift in a Will of “money” includes the chose in action between banker and customer.
With Foley v Hill we have seen the classic position that money deposited with a bank is no longer money but is instead a chose in action between banker and customer. Why this is interesting is because the general population considers that indeed they do have money in the bank and therefore there is an inherent tension between general understanding and the law. If instead of having money in the bank there is a chose in action then how do we deal with that? What happens if a Will provides that “money” is to be left to a particular beneficiary? Does that provision encompass bank accounts? This is what was considered in this week’s case of Manning v Purcell. If bank accounts are “money” that may be identified as such, is that definition limited to the interpretation of that specific testamentary instrument, or does it reflect upon what more generally constitutes “money” and therefore is contrary to Foley v Hill.
Led by Adrian Cartland.
Required Reading: