Bienstein v Bienstein

The High Court of Australia considered an appeal concerning the interpretation of a will in *Bienstein v Bienstein*. The dispute arose between the executors of the estate of the late Mr. Bienstein and his widow, Mrs. Bienstein, regarding the distribution of certain assets. Specifically, the central issue revolved around whether a specific bequest of shares in a company was intended to be a gift of the shares themselves, or a gift of the value of those shares at the time of the testator's death.

The High Court was required to determine the proper construction of the relevant clause in the will. This involved ascertaining the testator's intention as expressed in the testamentary document, particularly in relation to the disposition of his shareholding in a particular company. The court had to decide whether the bequest was specific, meaning it referred to the actual shares held by the testator, or general, referring to a quantity of shares to be provided from the estate.

The majority of the High Court, comprising McHugh, Kirby and Callinan JJ, held that the bequest was specific. Their Honours reasoned that the language used in the will, when read as a whole and in light of the surrounding circumstances, indicated an intention to gift the particular shares the testator owned at the time of his death. The court applied established principles of will construction, emphasizing the importance of giving effect to the testator's clear intention as expressed in the words of the will. The appeal was allowed, and the matter was remitted to the Supreme Court for further orders consistent with the High Court's interpretation.