MALDON & GABARD

In the matter of *Maldon & Gabard*, Burchardt J of the Supreme Court of Tasmania considered a dispute concerning the interpretation of a will. The applicants sought to have the will of the late Mr. Maldon construed, specifically regarding the distribution of his estate.

The central legal issue before the Court was whether the phrase "my children" as used in the will included adopted children of the testator's son, Mr. Gabard. The applicants, who were the adopted children of Mr. Gabard, contended that they ought to be considered beneficiaries under the will, while other beneficiaries argued for a narrower interpretation of the term.

Burchardt J applied the principles of testamentary construction, focusing on the testator's intention as expressed within the four corners of the will. The Court considered the relevant legislative provisions concerning adoption and their impact on the interpretation of wills. His Honour found that, in the absence of any contrary intention expressed in the will, the term "children" should be interpreted in its ordinary legal sense, which, by virtue of the relevant legislation, includes adopted children. The Court reasoned that to exclude the adopted children would be to frustrate the testator's likely intention to provide for his lineal descendants.

The Court ordered that the will be construed to include the adopted children of Mr. Gabard as beneficiaries.