Adeney & Adeney

In *Adeney & Adeney*, the parties were the plaintiff, Adeney, and the defendant, Adeney. The dispute concerned the interpretation of a will and the entitlement to a share of the residuary estate. The matter came before Guest J in the Supreme Court of Victoria.

The central legal issue before the Court was whether the plaintiff, as the adopted daughter of the testator's son, was entitled to a share of the residuary estate under the terms of the will. Specifically, the Court had to determine if the phrase "my son's children" in the will included adopted children, given the legal status of adoption at the time the will was made and at the time of the testator's death.

Guest J reasoned that the testator's intention, as expressed in the will, was paramount. His Honour considered the legal framework surrounding adoption in Victoria at the relevant times. Applying the principles of statutory interpretation and considering the common law understanding of "children" in the context of wills, Guest J concluded that the testator's use of the term "my son's children" was intended to encompass all children legally recognised as belonging to his son, including adopted children. The Court found that the Adoption of Children Act 1958 (Vic) had conferred full legal status upon adopted children, making them for all purposes children of their adoptive parents.

The Court ordered that the plaintiff was entitled to a one-third share of the residuary estate.