Sawyer & Chandler

In *Sawyer & Chandler*, Bell J of the Supreme Court of Victoria was required to determine a dispute concerning the interpretation of a will. The primary issue revolved around whether a specific bequest of a property was intended to be a gift of the property itself, or merely a gift of the testator's interest in the property at the time of their death. This distinction was crucial for the proper distribution of the testator's estate.

The court was tasked with ascertaining the testator's intention as expressed within the four corners of the will. Specifically, the question was whether the testator intended to give the beneficiary the actual property, or only whatever beneficial interest they held in that property at the time of their passing. This involved a close examination of the wording of the relevant clause in the will and the surrounding context.

Bell J applied established principles of will construction, emphasizing that the paramount consideration is to give effect to the testator's intention. The judge considered the precise language used in the bequest, noting that the use of the definite article "the" before the property description suggested a specific, identifiable asset. However, the court also had regard to the possibility that the testator might have intended to dispose of their equitable interest rather than the legal title. Ultimately, Bell J concluded that the testator intended to gift the property itself, rather than merely their interest in it at the time of death, finding that the wording indicated a clear intention to pass the entirety of the testator's ownership.