Denison v Denison [2000] NSWSC 1205

Denison v Denison [2000] NSWSC 1205

The word 'grandchildren' in the deed includes adopted children due to the operation of the Adoption of Children Act 1965 and absence of any contrary intention in the deed; the class of grandchildren closed on the specified date (1 January 1995) as per class closing rules; and the trustees may distribute the shares to grandchildren who have attained 18 as the class has closed and the shares are vested.

Parties
Plaintiff: Robert Leslie Denison; Plaintiff: Leon Edward Wruck; Defendant: Darcy Leigh Denison; Defendant: Kent Preston Denison; Defendant: Poppi Kate Denison; Defendant: Thea Elizabeth Denison; Defendant: Nicholas David Jack Denison; Defendant: Tristan Gregory Furney; Defendant: Richard John William D'Apice
Jurisdiction
Australia
Judgment Date
15 December 2000
Procedural Posture
Proceeding for Declaratory Relief (construction of Trust Deed) / Judgment at First Instance
Outcome
Declaratory relief given: 'grandchildren' includes adopted children; class closed on 1 January 1995; trustees may distribute vested shares to eligible grandchildren.
Legal Topics
Construction of Testamentary Dispositions, Adoption and Inheritance, Gifts to a Class, Closure of Beneficiary Class
Equity Family Law Succession Construction of Testamentary Dispositions Adoption and Inheritance Gifts to a Class Closure of Beneficiary Class

Case Brief

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Parties

Robert Leslie Denison

Plaintiff

Leon Edward Wruck

Plaintiff

Darcy Leigh Denison

Defendant

Kent Preston Denison

Defendant

Poppi Kate Denison

Defendant

Thea Elizabeth Denison

Defendant

Nicholas David Jack Denison

Defendant

Tristan Gregory Furney

Defendant

Richard John William D'Apice

Defendant

Procedural Posture

Proceeding for Declaratory Relief (construction of Trust Deed) / Judgment at First Instance

Legal Issues

  1. 1 Whether 'grandchildren' in the deed includes adopted children
  2. 2 Whether the class of beneficiaries has closed
  3. 3 Whether trustees may distribute vested shares to grandchildren who have attained the age of 18

Ratio Decidendi

The word 'grandchildren' in the deed includes adopted children due to the operation of the Adoption of Children Act 1965 and absence of any contrary intention in the deed; the class of grandchildren closed on the specified date (1 January 1995) as per class closing rules; and the trustees may distribute the shares to grandchildren who have attained 18 as the class has closed and the shares are vested.

Court Disposition

Declaratory relief given: 'grandchildren' includes adopted children; class closed on 1 January 1995; trustees may distribute vested shares to eligible grandchildren.

Orders

  • Declared that 'grandchildren' as used in the deed includes adopted children.
  • Declared that the class of grandchildren closed on 1 January 1995.