Tyson & Tyson

In *Tyson & Tyson*, Young J of the Supreme Court of New South Wales considered a dispute concerning the interpretation of a will. The primary issue before the court was 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 as the testator's interest in the property had changed between the making of the will and their passing.

The court was required to determine the testator's intention regarding the disposition of the property. Specifically, it had to ascertain whether the testator intended to give the beneficiary the specific property as it existed at the time of the will, or the testator's actual interest in that property at the time of death, whatever that interest might be. This involved an analysis of the language used in the will and the surrounding circumstances to discern the testator's testamentary wishes.

Young J applied the principle that the primary object of the court in interpreting a will is to ascertain the testator's intention. His Honour considered the specific wording of the bequest, noting that it referred to "my property at [address]". The court reasoned that such phrasing typically indicates an intention to give the property as it exists at the time of death, rather than at the time the will was made. Therefore, the bequest was interpreted as a gift of the testator's actual interest in the property at the time of their death, which had been reduced to a lesser share due to prior dealings. The court made no specific orders as the matter was a stated case for the determination of a question of law.