Oldfield and Oldfield and Ors

In *Oldfield and Oldfield and Ors*, the Supreme Court of Queensland was asked to determine a dispute concerning the interpretation of a will. The applicants, Mr. and Mrs. Oldfield, sought to have the will of the late Mr. Oldfield construed, specifically regarding the distribution of certain assets. The respondents were the other beneficiaries named in the will.

The central legal issue before the Court was whether the deceased's intention, as expressed in his will, was to create a discretionary trust or a fixed trust in favour of his children. This distinction was critical for determining how the residuary estate was to be administered and distributed. The applicants argued for a discretionary trust, while the respondents contended for a fixed trust.

Judge Burchardt considered the language used by the testator in the relevant clauses of the will, applying established principles of testamentary construction. The Court examined the use of words such as "may" and "shall" and the overall context of the testamentary instrument to ascertain the testator's paramount intention. The Court found that the language indicated a clear intention to confer a discretion upon the trustees, thereby establishing a discretionary trust rather than a fixed trust.

Consequently, the Court ordered that the will be construed as establishing a discretionary trust.