McGee v Bishop

In *McGee v Bishop* [1996] NSWCA 350, the New South Wales Court of Appeal considered a dispute concerning the interpretation of a will. The appellant, Ms. McGee, was the beneficiary of a life interest in a property under the will of the deceased, Mr. Bishop. The respondent, Mr. Bishop, was the residuary beneficiary of the estate. The central issue revolved around whether the deceased's intention, as expressed in the will, was to grant Ms. McGee a life interest only, or a life interest with the power to sell the property.

The court was required to determine the true construction of the relevant clause in the will, specifically whether the phrase "for her use and benefit during her lifetime" conferred upon Ms. McGee a power of sale in addition to a life interest. This involved an analysis of the deceased's testamentary intentions and the legal principles governing the interpretation of wills, particularly where a beneficiary is given a life interest in real property.

The Court of Appeal, in allowing the appeal, found that the deceased's intention was to grant Ms. McGee a life interest only, without a power of sale. The court applied the principle that the words used in a will must be given their ordinary and natural meaning, and that any ambiguity should be resolved by seeking to ascertain the testator's intention from the will as a whole. It was held that the phrase "for her use and benefit during her lifetime" was descriptive of the nature of the interest granted, rather than an express or implied grant of a power of sale. The court distinguished this case from others where a power of sale might be inferred from the context or specific wording of a will.