Vucicevic v Aleksic [2017] EWHC 2335 (Ch)

"All three property. House in Djenovice to Serbian Ortodox Church in Montenegro. And
in Cardiff. 8, Wordsworth Avenue. CF 24. 3FQ. And in London, 17, Fordwich Road,
NW2. 3 TN. All to Serbian Ortodox Church.
Vladika Amfilohije to be in charge. Benefit from it to go to Kosovo, for the people in.
Need. Especially children.
And all the money. Which is left (after Custom & Inland Revenue)
I am having full confidence in Vladika Amfilohije Radovic that is going in right place in
Kosovo only. With the consultation and discussion. With Serbian Patrijarch and church
authority in Kosovo, with one, condition. House in Djenovice not aloud to sell Till. 2040.
Houses in the UK Britain Vladika is aloud to sell at any time, if he wish."

Issues:-
1. What is meant by Serbian Ortodox Church?
2. Is the gift to church for its own benefit or held on trust for the benefit of the people
in Kosova, especially children?
3. What is the role of Vladika Amfilohije Radovic in the administration of this gift?
4. What does the expression “and all the money” mean?
5. Whether will effective in making a gift of the immovable property in Montenegro?

1st issue – which church it is being referred to? Is it the HQ in Serbia, a honorary
metropolitanate eparchy in Montenegro, and a church in London? VAR is senior bishop
for Montenegro but TOR was known to the church in London.
By agreement, between Serbian Orthodox Church in London, the headquarters of
Serbian Orthodox Church in Serbia and claimants, it was held gift of the houses was to
go to SOC in London.

[Do you think this was the likely intention of the TOR? He was born in Montenegro in
1923 but moved to England and WWII and died in 2014]

2nd issue – Is it absolute gift to church or on trust for the church? Not to be sold till
2040? Significance of that statement? Gift to the benefit of people in need, especially
children – gift for the relief of poverty? Role of VAR – is he a trustee or just machinery of
the gift? The significant of the expression “full confidence”.

Decision: trust of the gift to the legatee, SOC in London, on trust for people in need,
especially children in Kosovo. Property or rental income or other profits must be used by
the trustee to relieve poverty in Kosova until 2040, after which it may be sold, although
proceeds must continue to be used for this purpose.

4th issue: “all the money” – encompasses even non money financial assets

[why? – home made will, handwritten will, TOR is not native English]