McKENZIE and Edwards

In *McKENZIE and Edwards*, the Supreme Court of Victoria was asked to determine a dispute concerning the interpretation of a will. The applicants, McKenzie and Edwards, sought to have the will of the late Mr. John Edward McKenzie construed by the court.

The central legal issue before the court was whether the beneficiaries named in the will were entitled to receive the entirety of the residuary estate, or if a portion of it should be distributed according to the rules of intestacy. This question hinged on the precise meaning and effect of certain clauses within the will, particularly those relating to the disposition of the residuary estate.

Justice Kay considered the principles of will construction, emphasizing the paramount importance of ascertaining the testator's intention from the words used in the will itself. The court examined the language employed by the testator in the relevant clauses, applying established rules of interpretation to determine whether the beneficiaries were intended to take the whole residue or only a part. The court found that the language of the will clearly indicated the testator's intention to dispose of the entire residuary estate to the named beneficiaries.

Consequently, the court ordered that the residuary estate be distributed in accordance with the terms of the will, and not partially according to the rules of intestacy.