Prosper v Wojtowicz

The case of Prosper v Wojtowicz involved a dispute regarding the validity of a letter of instruction left by the deceased with his will. The deceased's will included a bequest to "such persons who attended my funeral and who are not (and were not) at any time related to me". The letter of instruction, which purported to alter the effect of the will, was not in existence when the will was made, nor was it referred to in the will as already in existence. The court was required to determine whether the letter of instruction could take effect and whether the bequest was valid or void for uncertainty.

The court examined the circumstances in which the letter of instruction was made and whether it could be incorporated into the will. The court also considered whether the bequest was uncertain or void due to the lack of ascertainable beneficiaries. The court concluded that the letter of instruction could not take effect because it was not in existence when the will was made and was not referred to in the will as already in existence. The court also found that the bequest was not uncertain or void, as the phrase "such persons" was sufficient to identify the beneficiaries.

The court held that the letter of instruction signed by the testator and left with the will was not to take effect for the purposes of clause 6(c) of the will. The court further held that the words contained in clause 6(c) of the will were not void for uncertainty and were therefore valid and capable of being given effect to. The court's decision provides clarity for executors and beneficiaries in similar situations regarding the incorporation of unattested and detached papers into a will and the validity of uncertain bequests.