Estate of Elizabeth Emily Jenkinson [2000] NSWSC 495

Estate of Elizabeth Emily Jenkinson [2000] NSWSC 495

The inclusion of a gift over to the daughter's husband if the daughter predeceased the testatrix was a sufficient contrary intention to displace the operation of s 29; accordingly, the residue lapsed and passed on intestacy.

Jurisdiction
Australia
Judgment Date
25 May 2000
Procedural Posture
Probate / Application for Grant of Administration
Outcome
Application for administration by Clover Taylor dismissed; residue passes as on intestacy.
Legal Topics
['lapse of Gift' 'contrary Intention in Will' 'administration of Estate']
['succession'] ['lapse of Gift' 'contrary Intention in Will' 'administration of Estate']

Case Brief

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Procedural Posture

Probate / Application for Grant of Administration

Legal Issues

  1. 1 ["Does s 29 of the Wills Probate & Administration Act 1898 apply where the named beneficiary (the testatrix's daughter) predeceased the testatrix and her substitute (the daughter's husband) also predeceased the testatrix?" "Does the will show a 'contrary intention' to the operation of s 29?"]

Ratio Decidendi

The inclusion of a gift over to the daughter's husband if the daughter predeceased the testatrix was a sufficient contrary intention to displace the operation of s 29; accordingly, the residue lapsed and passed on intestacy.

Court Disposition

Application for administration by Clover Taylor dismissed; residue passes as on intestacy.

Orders

  • ['Costs of the application to come out of the estate.' 'Either Raymond or Stephen Taylor may be granted administration, or prior rejected application (suit 115163/99) may be referred for reconsideration.']