Nagasinghe v Worthington, QC

The High Court of Australia heard an appeal in *Nagasinghe v Worthington, QC*. The dispute concerned the proper construction of a will and the entitlement of the respondent, Ms. Worthington, QC, to a legacy under that will. The appellant, Mr. Nagasinghe, was the executor of the will and sought to challenge Ms. Worthington's claim.

The central legal issue before the High Court was whether the respondent, as a legal practitioner who had acted for the testator in the preparation of the will, was entitled to receive a legacy bequeathed to her under that same will. This raised questions about the application of the rule against perpetuities and the interpretation of testamentary intentions in circumstances where a beneficiary is also the draftsman of the will.

The High Court, in a joint judgment, considered the historical development and underlying policy of the rule against perpetuities, particularly as it relates to gifts to legal practitioners who prepare wills. Their Honours affirmed that the rule is not an absolute prohibition but rather a principle designed to prevent the indefinite tying up of property. They found that the legacy to Ms. Worthington was not void for remoteness. The Court reasoned that the testator's intention was clear and that the gift was capable of vesting within the perpetuity period. The Court distinguished the present case from those where a gift might be considered illusory or intended to circumvent legal principles.

The High Court dismissed the appeal, upholding the decision of the lower court.