Lowe v Lowe [2015] NSWSC 48

Lowe v Lowe [2015] NSWSC 48

'Personal effects' in clause 8 of the will include the deceased's motor vehicle, as it is a physical chattel connected to the testator's personal use, but do not include moneys on hand, in bank accounts or on term deposit, nor shares or notes in public companies, as these are not physical chattels with a personal connection.

Parties
Plaintiff: Diana Mae Lowe; Defendant: Murray Francis Lowe; Defendant: Cameron Francis Lowe; Defendant: Jodie Alexandra Lowe
Jurisdiction
Australia
Judgment Date
09 February 2015
Procedural Posture
Succession – Wills Probate and Administration – Construction of Will / Principal Judgment; Separate Determination of Declaration Concerning Construction of Will
Outcome
Declaration made
Legal Topics
Construction and Effect of Testamentary Dispositions, Interpretation of 'personal Effects' in Wills
Succession Law Wills and Estates Construction and Effect of Testamentary Dispositions Interpretation of 'personal Effects' in Wills

Case Brief

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Parties

Diana Mae Lowe

Plaintiff

Murray Francis Lowe

Defendant

Cameron Francis Lowe

Defendant

Jodie Alexandra Lowe

Defendant

Procedural Posture

Succession – Wills Probate and Administration – Construction of Will / Principal Judgment; Separate Determination of Declaration Concerning Construction of Will

Legal Issues

  1. 1 What is the proper construction of 'personal effects' in clause 8 of the will of Francis Alfred Lowe?
  2. 2 Whether 'personal effects' include the deceased's motor vehicle, moneys in bank accounts, term deposits, shares, and notes in public companies

Ratio Decidendi

'Personal effects' in clause 8 of the will include the deceased's motor vehicle, as it is a physical chattel connected to the testator's personal use, but do not include moneys on hand, in bank accounts or on term deposit, nor shares or notes in public companies, as these are not physical chattels with a personal connection.

Court Disposition

Declaration made

Orders

  • The Court declares that upon the true construction of the will dated 14 August 2014 of Francis Alfred Lowe and in the events that have occurred, the gift to the plaintiff in clause 8 of 'personal effects' includes the deceased's motor vehicle, but not the moneys on hand, in bank accounts or on term deposit nor...