Pedersen v Young

The High Court of Australia heard an appeal in *Pedersen v Young*. The dispute concerned the interpretation of a will and whether a specific bequest of a motor vehicle was adeemed. The testator had bequeathed his motor vehicle to the respondent, but at the time of his death, he no longer owned that particular vehicle, having sold it and purchased a different one. The appellant, as executor of the will, sought directions from the court regarding the distribution of the estate.

The central legal issue before the High Court was whether the specific bequest of the motor vehicle had failed due to ademption. Ademption occurs when a specific legacy or devise in a will fails because the subject matter of the gift no longer exists in the form bequeathed at the time of the testator's death. The court was required to determine if the testator's intention was to give the specific vehicle he owned at the time of making the will, or if he intended to give a motor vehicle of that type, regardless of whether it was the same one.

The High Court, by majority, held that the bequest had adeemed. The majority reasoned that the testator had intended to give the specific motor vehicle he owned at the time of making the will. As that vehicle had been sold and replaced, the subject matter of the gift no longer existed in the form bequeathed. The court applied the principle that a specific legacy of a chattel fails if the chattel is not in the testator's possession at the time of death, unless there is evidence of a contrary intention. The dissenting judges, however, found that the testator's intention was to provide a motor vehicle for the beneficiary, and that the replacement vehicle should therefore pass under the bequest.

The High Court ordered that the specific bequest of the motor vehicle had adeemed and was therefore of no effect.