Jaques v Seton

In *Jaques v Seton*, the High Court of Australia considered a dispute concerning the interpretation of a will. The primary issue revolved around whether a specific bequest of shares in a company was intended to include shares acquired by the testator after the date of the will but before their death. The executor of the estate sought directions from the court regarding the distribution of these additional shares.

The central legal question before the High Court was whether the will, by referring to "all my shares in the company", encompassed shares acquired by the testator after the execution of the will. This required the court to consider the principles of testamentary intention and the construction of wills, particularly in relation to the disposition of after-acquired property.

The Court held that the testator's intention, as evidenced by the language of the will, was to dispose of all shares in the company that they owned at the time of their death. The phrase "all my shares" was interpreted broadly to include any shares held by the testator at the time of their death, regardless of when they were acquired. The Court applied the established principle that a will speaks from the death of the testator, and unless there is a clear indication to the contrary, a general bequest of property will include all such property owned at that time.

The High Court therefore found that the additional shares acquired by the testator after the date of the will were included in the specific bequest.