Trau v Knight & Anor

In *Trau v Knight & Anor*, the High Court of Australia considered a dispute concerning the interpretation of a will. The appellant, Mr. Trau, was the executor and a beneficiary under the will of the late Mr. Knight. The respondents were the other beneficiaries. The central issue revolved around the distribution of the residuary estate, specifically whether certain assets were to be divided equally among the beneficiaries or if the appellant was entitled to a larger share.

The High Court was required to determine the proper construction of the residuary clause in the will. This involved ascertaining the testator's intention as expressed in the testamentary instrument, particularly in light of the specific wording used to describe the beneficiaries and their respective entitlements to the residue of the estate. The court had to consider whether the language employed created a joint tenancy or tenancies in common, and how any such determination impacted the distribution of the assets.

The Court's reasoning focused on established principles of will construction, emphasising that the primary task is to give effect to the testator's intention as revealed by the words of the will itself, read as a whole. Gleeson CJ and Gummow J analysed the specific provisions of the will, paying close attention to the use of the word "equally" and the manner in which the beneficiaries were enumerated. They concluded that the testator intended the residuary estate to be divided per capita amongst the named beneficiaries, meaning each beneficiary was to receive an equal share. The appeal was dismissed.