Re Ford

In the matter of *Re Ford*, Gaudron J of the High Court of Australia considered a dispute concerning the interpretation of a will. The applicant sought to have a particular clause within the will declared void for uncertainty.

The central legal issue before the Court was whether the phrase "my children" as used in the will was sufficiently certain to be legally enforceable, or if its ambiguity rendered the provision invalid. This required an examination of the testator's intention and the principles of construction applicable to testamentary instruments.

Gaudron J reasoned that the testator's intention must be ascertained from the language of the will itself, read in light of surrounding circumstances. Her Honour found that the phrase "my children" was not inherently ambiguous in the context of the will and the established legal presumptions regarding the construction of such terms. The Court applied the principle that a will should be construed so as to give effect to the testator's intention, and that words should be given their ordinary and natural meaning unless the context clearly indicated otherwise.

The application was dismissed.