Green v Dare & Ors

In *Green v Dare & Ors*, the High Court of Australia considered a dispute concerning the interpretation of a will. The appellant, Mr. Green, was the executor and a beneficiary under the will of the late Mr. Dare. The respondents were other beneficiaries. The central issue revolved around whether a specific bequest of shares in a company, "Dare Industries Pty Ltd," was intended to include shares in a related entity, "Dare Industries (Holdings) Pty Ltd," which held the majority of the issued capital of Dare Industries Pty Ltd.

The High Court was required to determine the proper construction of the will, specifically the intention of the testator regarding the disposition of his shareholding in the two companies. This involved considering whether the phrase "my shares in Dare Industries Pty Ltd" was sufficiently comprehensive to encompass the testator's indirect interest in the operating company through his shareholding in the holding company. The court had to ascertain whether the testator intended to gift only the shares in the operating company or both the shares in the operating company and the shares in the holding company.

The High Court applied established principles of will construction, emphasising the paramount importance of ascertaining the testator's intention from the words used in the will, read in light of the surrounding circumstances. Their Honours considered the relationship between the two companies and the testator's likely understanding of that relationship at the time the will was made. The court concluded that the testator's intention, as evidenced by the language of the will and the context, was to bequeath only the shares directly held in Dare Industries Pty Ltd, and not the shares in the holding company.

The appeal was dismissed.