Walker v Wimborne

In *Walker v Wimborne*, the High Court of Australia considered a dispute concerning the interpretation of a will. The primary issue before the Court was whether a specific bequest of shares in a company was adeemed due to a subsequent sale of those shares by the testator prior to their death. The testator had bequeathed a specific number of shares in a particular company to the beneficiary, but later sold all of their holdings in that company.

The legal question before the High Court was whether the specific bequest of shares had been adeemed by the testator's sale of those shares. Ademption occurs when a specific legacy or devise fails because the subject matter of the gift no longer exists in the form bequeathed at the time of the testator's death. The Court had to determine if the testator's intention, as evidenced by the will and the subsequent actions, was to give the specific shares or an equivalent value.

The Court held that the bequest of shares was specific and that the sale of those shares by the testator prior to their death resulted in the ademption of the legacy. The reasoning applied was that a specific bequest of a particular item, such as shares in a named company, fails if that item is not in existence at the time of the testator's death. The Court distinguished this from a general legacy, which would be satisfied by the executor from the testator's estate. The sale of the shares meant the subject matter of the specific gift no longer existed, and therefore the beneficiary was not entitled to receive the value of the shares from the estate.