Lewis v Lohse

The case of Lewis v Lohse involved a dispute over the construction and effect of testamentary dispositions in a will. The testator had devised land, livestock, plant and machinery to the appellant and the second respondent subject to them accepting associated liability. The second respondent initially accepted the bequest but later withdrew the acceptance. The appellant did not accept or reject the bequest. The court was required to determine whether the testator intended that both devisees must accept liability before the gift could take effect, whether a bequest may be disclaimed after initial acceptance, and whether the words used constituted a "contrary intention" for the purposes of s 61 of the Succession Act 1981.

The court found that the testator intended that both devisees must accept liability before the gift could take effect. The court held that the words used did not constitute a "contrary intention" for the purposes of s 61 of the Succession Act 1981. The court found that a bequest may be disclaimed after initial acceptance. The court also found that the second respondent's withdrawal of acceptance did not affect the appellant's acceptance of the bequest.

The appeal was dismissed with costs to be assessed on the standard basis. The court ordered that the costs of the first respondents and the second respondent of and incidental to this appeal be assessed on an indemnity basis and that the first respondents and the second respondent recover from the estate of the testator the difference between the costs so assessed and any costs paid by the appellant pursuant to this order.