Hutchinson v Bank of Scotland Plc

In the Supreme Court of Victoria, the case of Hutchinson v Bank of Scotland Plc involves an executor's application to ascertain the meaning of a codicil in a will. The deceased had drafted the codicil concerning the administration of his assets, which were located both in Australia and the United Kingdom. The primary issue before the court was the interpretation of the codicil, specifically in relation to the assets held on trust and the role of the trustee, who is resident in Scotland.

The court was tasked with determining the testator's intention as expressed or implied by the words of the codicil. This involved examining the proper law governing the trust, considering the testator's domicile in Australia and the location of the assets. The court also needed to assess the implications of the Trusts (Hague Convention) Act 1991 (Cth) on the interpretation of the codicil. The executor sought clarity on whether the trust should be administered in accordance with Scottish law or whether the Australian court should have jurisdiction over the trust's administration.

The court found that the testator's intention, as expressed in the codicil, was to have the trust administered by the trustee in Scotland. The proper law of the trust was determined to be Scottish law, as the trust's assets were predominantly located in the United Kingdom, and the trustee was resident in Scotland. The court held that the Trusts (Hague Convention) Act 1991 (Cth) did not override the clear intention of the testator. The executor was directed to administer the trust in accordance with Scottish law, with the Bank of Scotland Plc continuing as trustee.