Johnston v MacLarn

The case of Johnston v MacLarn involved the estate of the late John Johnston, with his widow, the appellant, and his daughter, the respondent, as the primary parties in dispute. The central issue was whether certain property, specified in Johnston's will as a specific legacy, had undergone ademption. Ademption occurs when the specific property bequeathed in a will is no longer part of the estate due to various reasons, such as the property being sold or destroyed before the testator's death. The Supreme Court of Queensland was tasked with resolving this matter.

The legal issues at the heart of the case included whether the property in question had been effectively severed from Johnston's estate prior to his death, and if so, whether there were exceptions to the general rule of ademption that could apply. The respondent argued that the property had indeed undergone ademption and thus should not be included in the widow's share of the estate. Conversely, the appellant contended that the property remained part of the estate and should be distributed as per the terms of the will.

The court examined the circumstances surrounding the property and concluded that, despite Johnston no longer possessing the specific property at the time of his death, there were valid exceptions to the rule of ademption. The court found that the property had been transferred to a third party with the clear intention of preserving the legacy for the daughter, thereby maintaining its status within the estate. This interpretation aligned with precedents that recognise certain transfers as exceptions to the general rule of ademption. The court ruled in favour of the appellant, finding that the property was not subject to ademption and should be included in the widow's share of the estate.

As a result of the court's decision, the respondent's appeal was dismissed, and the property in question was included in the distribution of the estate as per the will. This outcome underscored the importance of the specific circumstances surrounding the transfer of property in determining whether exceptions to ademption apply.