Hough and Willis (No. 2)

In *Hough and Willis (No. 2)*, Cronin J of the Supreme Court of Victoria considered a dispute concerning the interpretation of a will. The applicants, Hough and Willis, sought to have the will of the late Mr. Arthur Reginald Willis construed by the Court.

The central legal issue before the Court was whether the beneficiaries named in the will were entitled to receive the entirety of the residuary estate, or if a portion of it should be distributed according to the rules of intestacy. This question turned on the proper construction of a specific clause within the will that dealt with the disposition of the residuary estate.

Cronin J's reasoning focused on established principles of will construction, particularly the presumption that a testator intends to dispose of their entire estate. His Honour analysed the language of the relevant clause, considering the ordinary meaning of the words used and the overall testamentary intention evinced by the will. The Court determined that the clause in question effectively disposed of the entire residuary estate to the named beneficiaries, leaving no part of it to pass on intestacy.

Consequently, the Court ordered that the residuary estate be distributed in accordance with the terms of the will, as construed by the Court.