Napoli v Napoli and Wood as executors and trustees for the estate of the late Mario Robert Napoli

The case involved the deceased, Mario Robert Napoli, who passed away in 2015. The executrices of his will sought declarations to resolve questions regarding a clause in his will that was interpreted to create an express trust. The respondents were Wood, the executor of the will, and the trustees of the estate. The primary issue before the court was whether a clause in the deceased's will established an express trust for his mother. The court also needed to consider whether the mother, who was a potential beneficiary under a vendor-purchaser constructive trust, had disclaimed any beneficial interest. Additionally, the court had to address whether there was any evidence of an uncompleted sale contract and whether the deceased's former wife, who was the only possible objector, had consented to the declarations sought.

The court found that there was no evidence of an uncompleted sale contract, and the mother had disclaimed any beneficial interest in the property. The only possible objector, the deceased's former wife, consented to the declarations sought by the executrices. The court determined that the clause in the will was clear and unambiguous, indicating that the deceased intended to create an express trust for his mother. The court concluded that the clause in the will created an express trust for the deceased's mother, and the executrices were entitled to the declarations they sought.

The court made declarations that the clause in the will created an express trust for the deceased's mother. The court also noted that the executrices were entitled to the declarations they sought, as there was no evidence of an uncompleted sale contract, the mother had disclaimed any beneficial interest, and the deceased's former wife had consented to the declarations. The court's decision resolved the dispute over the interpretation of the will and provided clarity regarding the distribution of the deceased's estate.