Public Trustee of Queensland v Jacob

The Public Trustee of Queensland brought an action against several respondents regarding the interpretation and effect of a testamentary disposition in the Supreme Court of Queensland. The testatrix had executed a will, bequeathing the residue of her estate to her children who survived her for 30 days. Two of the testatrix's five children were alive when the will was executed but predeceased her. The issue before the court was whether the residue of the estate should be distributed only to the three surviving children, or if the issue of the two deceased children should also take their fathers’ one fifth share.

The legal issue revolved around the construction and effect of the testamentary disposition and whether the statutory provision in section 33(1) of the Succession Act 1981 applied. The court had to determine if the words used in the will, "as shall survive me for a period of thirty (30) days and if more than one in equal shares," indicated an intention by the deceased to exclude the operation of the statute. The court found that the testatrix's intention was clear, as evidenced by the specific language used in the will. The court held that the use of these words demonstrated a contrary intention, thereby excluding the operation of section 33(1) of the Succession Act 1981.

The court concluded that the residue of the estate should be distributed only to the three surviving children, Margaret Ada Jacob, Leonard Gough Walker, and Robert John Walker. The court made an order that the Public Trustee of Queensland should distribute the rest and residue of the estate to these respondents. The court found it unnecessary to answer the remaining questions posed in the Public Trustee's application. No order was made as to costs.