DAVIES & NWOSU

In the matter of *Davies & Nwosu*, Benjamin J of the Supreme Court of New South Wales considered a dispute concerning the administration of a deceased person's estate. The applicants, Davies and Nwosu, sought directions from the Court regarding the distribution of assets and the interpretation of certain provisions within the deceased's will.

The central legal issues before the Court were whether specific bequests made in the will had lapsed, and if so, how the residuary estate should be distributed. The Court was also required to determine the validity of certain purported amendments to the will, which had not been executed in accordance with the formal requirements of the *Succession Act 2006* (NSW).

Benjamin J applied the principles of testamentary construction, focusing on the testator's intention as expressed in the will. His Honour found that the amendments lacked the necessary testamentary formality and were therefore invalid. Consequently, the Court had to ascertain whether the lapsed gifts should pass on intestacy or be distributed as part of the residue. Applying established rules of construction, the Court determined that the lapsed gifts were intended to fall into the residue of the estate, which was then to be distributed according to the terms of the will.