Re Clive Edward Butler Rice

The matter of *Re Clive Edward Butler Rice* concerned an application by the executor of the estate of the late Clive Edward Butler Rice for directions from the Supreme Court of Queensland regarding the interpretation of the deceased's will. The central dispute revolved around the proper distribution of the residuary estate, specifically whether certain beneficiaries were entitled to a share of the residue as tenants in common or as joint tenants.

The primary legal issue before the Court was to determine the intended mode of holding the residuary estate by the beneficiaries. This required the Court to construe the language of the will, particularly the provisions relating to the disposition of the residue, to ascertain whether the testator intended the beneficiaries to take as joint tenants or as tenants in common.

The Court examined the relevant clauses of the will, applying established principles of testamentary construction. It considered the presumption against joint tenancies in the context of a will and the significance of specific wording that might indicate an intention to create a tenancy in common. The Court concluded that the language used in the will, when read as a whole, indicated an intention for the beneficiaries to take the residuary estate as tenants in common, thereby severing any potential joint tenancy.

Consequently, the Court ordered that the residuary estate was to be divided amongst the named beneficiaries as tenants in common in the proportions specified in the will.