Hildebrandt v Williams - [2015] QDC 301

DISTRICT COURT OF QUEENSLAND

CITATION:

Hildebrandt v Williams & Ors [2015] QDC 301

PARTIES:

VICKI CHRISTINE HILDEBRANDT (as Trustee of the Will of PERCIVAL EDWARD WILLIAMS, deceased)

(applicant)

v

DOREEN MAY WILLIAMS (by her Litigation Guardian, the Public Trustee of Queensland)

(first respondent)

and

JUNE WILLIAMS

(second respondent)

and

STEPHEN EDWARD WILLIAMS

(third respondent)

and

VICKI CHRISTINE HILDEBRANDT (in her personal capacity)

(fourth respondent)

and

LORRAINE WILLIAMS (as personal representative of PAUL RONALD WILLIAMS, deceased)

(fifth respondent)

FILE NO/S:

B 4077/15

DIVISION:

PROCEEDING:

Originating application

ORIGINATING COURT:

District Court of Queensland

DELIVERED ON:

2 December 2015

DELIVERED AT:

Brisbane

HEARING DATE:

2 December 2015

JUDGE:

Andrews SC DCJ

ORDER:

1.   In respect of the clause 3(b) of the Will dated 12 January 1989 of Percival Edward Williams, deceased, it is declared that clause:

(a)   confers on Doreen May Williams a life interest in the property specified in that clause (“the Property”); and

(b)   confers on June Williams, upon the termination of Doreen May Williams’ life interest, an absolute interest in the Property.

2.   It is ordered that the applicant’s and the first respondent’s costs of and incidental to the further amended originating application be paid out of the estate on the indemnity basis.

CATCHWORDS:

SUCCESSION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – WHAT INTEREST PASSES – WHERE RIGHT TO USE OF DWELLING FOR LIFE – LICENCE, LIFE INTEREST OR FEE SIMPLE – WHERE RIGHT FOR OWN SOLE USE AND BENEFIT ABSOLUTELY – LICENCE, LIFE INTEREST OR FEE SIMPLE – where the estate of the deceased included a freehold property held on trust – where the property was to be held for the use of my daughter for her life and after her death is to be transferred to my daughter-in-law for her sole use and benefit absolutely, the said daughter-in-law being responsible for the payment of all rates electricity and gas accounts and keeping the dwelling house insured in an Insurance Office approved by my Trustees in the same state of repair as at the date of death.

COUNSEL:

R. D. Williams for the applicant.

G. R. Dickson for the first respondent.

SOLICITORS:

Cartwrights Lawyers for the applicant.

Official Solicitor to the Public Trustee for the first respondent.

This is an application for declarations for the interpretation of clause 3(b) of a Will dated 12 January 1989.[1] It is the Will of Percival Edward Williams (“the deceased”) who died on 1 July 1989.
[1]Exhibit VCH-4 to the affidavit of V. Hildebrandt.

The Will is dated 12 January 1989.

So far as seems relevant, the Will provides:

2. I APPOINT my son RONALD EDWARD WILLIAMS to be the sole Executor and Trustee of this my last Will and Testament.

3. I GIVE DEVISE AND BEQUEATH the whole of my estate both real and personal of whatsoever kind and wheresoever situate UNTO AND TO the use of my Trustee upon the following Trusts:-

(a) To pay all my just debts funeral and testamentary expenses.

(b) To hold the dwelling house situated…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hildebrandt v Williams

Details

AGLC: Hildebrandt v Williams [2015] QDC 301
Case: [2015] QDC 301
Decision Date: 2 December 2015

CaseChat Overview and Summary

Hildebrandt v Williams involved a dispute regarding the interpretation of a testamentary disposition within the estate of the late Percival Edward Williams. The central issue was the nature of the interest that passed to the beneficiaries under clause 3(b) of Williams' will. Specifically, the court had to determine whether the interest conferred on Doreen May Williams was a licence, a life interest, or a fee simple, and what interest June Williams would acquire upon Doreen's death. The dispute also involved the interpretation of the obligation placed on June Williams to maintain the property and pay associated costs.

The court was required to interpret the precise language of the will to ascertain the nature of the interest created. Key to this was understanding the phrase "for her sole use and benefit absolutely," which was deemed to create a life interest for Doreen May Williams, with June Williams receiving an absolute interest upon Doreen's death. The court held that the language used did not confer a mere licence or a fee simple, but rather established a life interest and an absolute interest in sequence.

The court concluded that the clause in question created a life interest for Doreen May Williams, with an absolute interest for June Williams to follow. The court was satisfied that the obligation placed on June Williams to maintain the property and pay associated costs did not alter the nature of the interests created. This interpretation was consistent with the overall intent of the will, as expressed in its language. The costs of the proceedings were ordered to be paid by the estate on an indemnity basis.

The court made a declaration regarding the interests in the property and ordered that the costs of the proceedings be paid by the estate on an indemnity basis. This decision provided clarity on the nature of the interests and the obligations of the beneficiaries, ensuring that the intentions of the deceased were fulfilled in accordance with the terms of the will.

Orders

Orders of the court

1. In respect of the clause 3(b) of the Will dated 12 January 1989 of Percival Edward Williams, deceased, it is declared that clause:

(a) confers on Doreen May Williams a life interest in the property specified in that clause (“the Property”); and

(b) confers on June Williams, upon the termination of Doreen May Williams’ life interest, an absolute interest in the Property.

2. It is ordered that the applicant’s and the first respondent’s costs of and incidental to the further amended originating application be paid out of the estate on the indemnity basis.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Hildebrandt v Williams & Ors [2015] QDC 301
PARTIES:	VICKI CHRISTINE HILDEBRANDT (as Trustee of the Will of PERCIVAL EDWARD WILLIAMS, deceased) (applicant) v DOREEN MAY WILLIAMS (by her Litigation Guardian, the Public Trustee of Queensland) (first respondent) and JUNE WILLIAMS (second respondent) and STEPHEN EDWARD WILLIAMS (third respondent) and VICKI CHRISTINE HILDEBRANDT (in her personal capacity) (fourth respondent) and LORRAINE WILLIAMS (as personal representative of PAUL RONALD WILLIAMS, deceased) (fifth respondent)
FILE NO/S:	B 4077/15
DIVISION:
PROCEEDING:	Originating application
ORIGINATING COURT:	District Court of Queensland
DELIVERED ON:	2 December 2015
DELIVERED AT:	Brisbane
HEARING DATE:	2 December 2015
JUDGE:	Andrews SC DCJ
ORDER:	1. In respect of the clause 3(b) of the Will dated 12 January 1989 of Percival Edward Williams, deceased, it is declared that clause: (a) confers on Doreen May Williams a life interest in the property specified in that clause (“the Property”); and (b) confers on June Williams, upon the termination of Doreen May Williams’ life interest, an absolute interest in the Property. 2. It is ordered that the applicant’s and the first respondent’s costs of and incidental to the further amended originating application be paid out of the estate on the indemnity basis.
CATCHWORDS:	SUCCESSION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – WHAT INTEREST PASSES – WHERE RIGHT TO USE OF DWELLING FOR LIFE – LICENCE, LIFE INTEREST OR FEE SIMPLE – WHERE RIGHT FOR OWN SOLE USE AND BENEFIT ABSOLUTELY – LICENCE, LIFE INTEREST OR FEE SIMPLE – where the estate of the deceased included a freehold property held on trust – where the property was to be held for the use of my daughter for her life and after her death is to be transferred to my daughter-in-law for her sole use and benefit absolutely, the said daughter-in-law being responsible for the payment of all rates electricity and gas accounts and keeping the dwelling house insured in an Insurance Office approved by my Trustees in the same state of repair as at the date of death.
COUNSEL:	R. D. Williams for the applicant. G. R. Dickson for the first respondent.
SOLICITORS:	Cartwrights Lawyers for the applicant. Official Solicitor to the Public Trustee for the first respondent.