Alan John Hyland (as Executor of the Estate of the late Lily Therese Hyland) v Jacqueline Sheri Woods [2011] NSWSC 266

Alan John Hyland (as Executor of the Estate of the late Lily Therese Hyland) v Jacqueline Sheri Woods [2011] NSWSC 266

The gift to and trust established for James Stanley Hyland was a testamentary gift contained in the will, not an inter vivos gift, and therefore failed because James died before Lily Hyland. The 60% gift in clause 4 was confined to the monies in the Commonwealth Bank of Australia fixed deposit account at Lily's death, and the three named adult beneficiaries were sui juris and entitled under Saunders v Vautier to call for immediate payment.

Jurisdiction
Australia
Judgment Date
31 March 2011
Procedural Posture
Succession Construction of Will / Ex Tempore Principal Judgment on Summons
Outcome
Gift to and trust established for James Stanley Hyland failed; declaration made permitting immediate payment of the 60% share to the three named beneficiaries; costs ordered from the estate.
Legal Topics
['construction of Will' 'testamentary Gifts' 'failure of Gift Due to Beneficiary Death' 'ademption' 'saunders V Vautier Entitlement' 'estate Costs']
['succession' 'trusts'] ['construction of Will' 'testamentary Gifts' 'failure of Gift Due to Beneficiary Death' 'ademption' 'saunders V Vautier Entitlement' 'estate Costs']

Case Brief

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Procedural Posture

Succession Construction of Will / Ex Tempore Principal Judgment on Summons

Legal Issues

  1. 1 ['Whether the gift to and trust established for James Stanley Hyland under the will failed because he died before the testatrix.' "Whether money paid out of the Commonwealth Bank of Australia fixed deposit account before the testatrix's death was adeemed." 'Whether the executor was entitled to pay 60% of the monies in the Commonwealth Bank of Australia fixed deposit account immediately to Alan John Hyland, Myra Margaret Davidson and Rosemary Ann Falkenberg.']

Ratio Decidendi

The gift to and trust established for James Stanley Hyland was a testamentary gift contained in the will, not an inter vivos gift, and therefore failed because James died before Lily Hyland. The 60% gift in clause 4 was confined to the monies in the Commonwealth Bank of Australia fixed deposit account at Lily's death, and the three named adult beneficiaries were sui juris and entitled under Saunders v Vautier to call for immediate payment.

Court Disposition

Gift to and trust established for James Stanley Hyland failed; declaration made permitting immediate payment of the 60% share to the three named beneficiaries; costs ordered from the estate.

Orders

  • ['Gift to and trust established for James Stanley Hyland under the will have failed.' 'Declaration that the plaintiff is entitled to pay out 60% of the monies in the Commonwealth Bank of Australia fixed deposit account to the three beneficiaries named immediately in accordance with clause 4 of the will.'...