Stratton v Parn

The High Court of Australia considered the appeal in *Stratton v Parn*. The dispute concerned the interpretation of a will and the entitlement of the respondent, Parn, to a share of the deceased's estate. The primary issue was whether Parn, who was the deceased's de facto spouse, qualified as a "child" of the deceased for the purposes of a gift in the will.

The court was required to determine whether the term "child" in the will could extend to include a de facto spouse, particularly in circumstances where the deceased had no biological or adopted children. The central legal question was one of testamentary intention and the construction of the will in light of the surrounding circumstances and relevant legal principles governing the interpretation of wills.

The High Court held that the word "child" in a will, in the absence of any contrary indication, should be given its ordinary and primary meaning, which refers to a direct descendant. The court reasoned that while the deceased may have had affection for the respondent, there was no evidence within the will itself to suggest an intention to include a de facto spouse within the definition of "child". The court emphasised that the testator's intention must be ascertained from the language of the will, and that extending the meaning of "child" to encompass a de facto spouse would require a clear and unambiguous expression of such an intention, which was absent in this case. The appeal was allowed.