The Application of the NSW Trustee and Guardian; The Estate of Alice Maude Critchley [2020] NSWSC 1635

The Application of the NSW Trustee and Guardian; The Estate of Alice Maude Critchley [2020] NSWSC 1635

On the true construction of the Will, in the events that have occurred—one daughter given a life interest having died and the other having remarried—the life interests have terminated and the whole of the residuary estate, including the Queensland property, falls to the testator's 'surviving children' as at the date of death/remarriage (19 December 2017), namely Leonie Merle Brooks and Ann Dransfield, to be distributed equally between them. However, before distribution the plaintiff must notify parties to the Deed of Family Arrangement of the orders made, and distribution is stayed so that any potential application to enforce the Deed can be raised and determined.

Jurisdiction
Australia
Judgment Date
20 November 2020
Procedural Posture
Application for Construction of Will / Decision on Distribution of Residuary Estate and Directions Regarding Family Arrangement Deed
Outcome
Residuary estate to be distributed equally to Leonie Merle Brooks and Ann Dransfield, subject to stay pending notification and possible enforcement proceedings regarding the Deed of Family Arrangement.
Legal Topics
['construction of Wills' 'life Interest' 'class Gifts' 'distribution of Residuary Estate' 'deed of Family Arrangement' 'beneficiary Rights']
['succession Law' 'equity'] ['construction of Wills' 'life Interest' 'class Gifts' 'distribution of Residuary Estate' 'deed of Family Arrangement' 'beneficiary Rights']

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Procedural Posture

Application for Construction of Will / Decision on Distribution of Residuary Estate and Directions Regarding Family Arrangement Deed

Legal Issues

  1. 1 ["Whether the phrase 'residue of my estate' in the testator's will includes the Queensland property; who are 'surviving children' entitled to share in residue under clause 4; effect of the Deed of Family Arrangement on distribution of estate; whether distribution should await parties seeking enforcement of the Deed."]

Ratio Decidendi

On the true construction of the Will, in the events that have occurred—one daughter given a life interest having died and the other having remarried—the life interests have terminated and the whole of the residuary estate, including the Queensland property, falls to the testator's 'surviving children' as at the date of death/remarriage (19 December 2017), namely Leonie Merle Brooks and Ann Dransfield, to be distributed equally between them. However, before distribution the plaintiff must notify parties to the Deed of Family Arrangement of the orders made, and distribution is stayed so that any potential application to enforce the Deed can be raised and determined.

Court Disposition

Residuary estate to be distributed equally to Leonie Merle Brooks and Ann Dransfield, subject to stay pending notification and possible enforcement proceedings regarding the Deed of Family Arrangement.

Orders

  • ["Declaration that 'residue of my estate' in the Will includes the Queensland property." "Declaration that 'surviving children equally' means children surviving as at 19 December 2017." 'Declaration that Leonie Merle Brooks and Ann Dransfield are the only surviving children as at 19 December 2017.' 'Plaintiff at...