6 Dec 2022
WILLIS v WADDELL [2022] NZHC 3248
- Citation
- [2022] NZHC 3248
- Court
- High Court
The deed's plain text, read in its documentary and factual context, demonstrates that the settlor intended the classes in clauses 2(e) and 2(g) to refer to the children and grandchildren of both Bill and Peg together and that the discretionary beneficiaries named (Christene and Michael) are the children contemplated; the court will not, on the evidence, depart from that plain meaning to include William who was not named and whose existence was not known to the settlor, protector or trustees; accordingly William is neither a discretionary nor a final beneficiary.