Estate of Deidre Carolyn Peters [2017] NSWSC 1405

Estate of Deidre Carolyn Peters [2017] NSWSC 1405

The phrase "Inhereted Family Items" in Deidre Peters' will, read with clause 3.2 and in the context of the will as a whole, referred only to personalty in the nature of family heirlooms and not to real property, proceeds of real property, or a chose in action such as Deidre Peters' entitlement in Helen Peters' unadministered estate. Helen Peters' will gave only residue and made no specific devise of the Elanora Heights Property. At Deidre Peters' death, she had only an entitlement to due administration of Helen Peters' estate, which could not fairly be characterised as an inherited family item.

Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Equity Proceedings Concerning Construction of a Will / Summons Seeking Determination of Whether the Gift of "inhereted Family Items" in Deidre Peters' Will Included Her Interest in Helen Peters' Estate
Outcome
Declaration made that "Inhereted Family Items" did not include Deidre Peters' interest in Helen Peters' estate; plaintiffs' costs ordered from Deidre Peters' estate; summons otherwise dismissed.
Legal Topics
['construction of Testamentary Dispositions' 'specific Gifts' 'residue' 'admissibility of Extrinsic Evidence in Will Construction' 'interests in Deceased Estates']
['succession' 'wills, Probate and Administration' 'equity'] ['construction of Testamentary Dispositions' 'specific Gifts' 'residue' 'admissibility of Extrinsic Evidence in Will Construction' 'interests in Deceased Estates']

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Procedural Posture

Equity Proceedings Concerning Construction of a Will / Summons Seeking Determination of Whether the Gift of "inhereted Family Items" in Deidre Peters' Will Included Her Interest in Helen Peters' Estate

Legal Issues

  1. 1 ['Whether the phrase "Inhereted Family Items" in clause 3.1 of Deidre Peters\' will included Deidre Peters\' interest in the estate of her late step-mother, Helen Peters.' 'Whether the phrase "Inhereted Family Items" included half of the net proceeds of sale of the Elanora Heights Property or the whole of Deidre Peters\' interest in Helen Peters\' estate.' 'Whether extrinsic evidence of Deidre Peters\' earlier wills and will-making history was admissible or necessary to construe the phrase "Inhereted Family Items".']

Ratio Decidendi

The phrase "Inhereted Family Items" in Deidre Peters' will, read with clause 3.2 and in the context of the will as a whole, referred only to personalty in the nature of family heirlooms and not to real property, proceeds of real property, or a chose in action such as Deidre Peters' entitlement in Helen Peters' unadministered estate. Helen Peters' will gave only residue and made no specific devise of the Elanora Heights Property. At Deidre Peters' death, she had only an entitlement to due administration of Helen Peters' estate, which could not fairly be characterised as an inherited family item.

Court Disposition

Declaration made that "Inhereted Family Items" did not include Deidre Peters' interest in Helen Peters' estate; plaintiffs' costs ordered from Deidre Peters' estate; summons otherwise dismissed.

Orders

  • ['Declare that the phrase "Inhereted Family Items", as used in the will of Deidre Peters dated 7 September 2009, does not include the interest of Deidre Peters in the estate of her late step-mother, Helen Peters.' "Order that the plaintiffs' costs of these proceedings be paid out of the estate of Deidre Peters on...