Leggatt v Colley

In *Leggatt and Another v Colley and Others*, the New South Wales Court of Appeal considered a dispute concerning the interpretation of a will and the distribution of an estate. The primary parties were the executors of the will, Mr. Leggatt and another, and the beneficiaries of the estate, represented by Mr. Colley and others. The core of the disagreement lay in how certain assets were to be divided amongst the beneficiaries according to the deceased's testamentary intentions.

The Court of Appeal was tasked with determining the proper construction of the will, specifically addressing whether certain residuary beneficiaries were entitled to a share of the estate in their own right or as representatives of a deceased beneficiary. This involved an examination of the language used in the will and the application of established principles of testamentary interpretation to ascertain the testator's intentions regarding the devolution of the residuary estate in circumstances where one of the named beneficiaries had predeceased the testator.

The Court analysed the relevant clauses of the will, paying close attention to the wording concerning the distribution of the residue. It applied the principle that the plain and ordinary meaning of the words used in a will should be given effect, unless such a construction would lead to an absurd result or there is clear evidence of a contrary intention. The Court found that the will did not contain provisions for substitution or accrual in the event of a beneficiary predeceasing the testator, and therefore, the share of the predeceased beneficiary lapsed and fell into the residue to be distributed amongst the remaining residuary beneficiaries.

The Court of Appeal accordingly dismissed the appeal, upholding the primary judge's interpretation of the will. The orders made reflected the Court's determination that the estate should be distributed in accordance with the established principles of will construction, with the lapsed share being divided amongst the surviving residuary beneficiaries.