Walsh v Sloan

In the case of Walsh v Sloan, the matter was heard in the Supreme Court of Western Australia. The case revolves around the interpretation of a clause in the will of the late Laurette Dorothy Keddie, specifically concerning the expression "my principal place of residence at my death." The deceased bequeathed this to her friend, Diana Elaine Davies. The primary dispute is whether this clause effects a valid gift of property, and if so, what the subject matter of that gift is. The beneficiaries of the estate of the late Diana Elaine Davies are contesting this interpretation.

The legal issues before the court were the construction of the will and determining the intention of the deceased regarding the phrase "principal place of residence at my death." The court had to decide whether the phrase effectively gifted any property and, if so, identify the specific property involved. The case also addressed the responsibility of the parties in relation to objections and the admissibility of evidence presented by the parties.

The court found that the appeal should be allowed, setting aside the order made by Master Sanderson on 29 August 2018. It answered the questions raised in the Originating Summons by determining that the expression "I give... my principal place of residence at my death to my friend Diana Elaine Davies" in the will effects a valid gift of the property commonly known as Unit 2, 1 Kilpa Court, City Beach, Western Australia. The court also ordered that the costs of the appeal be paid out of Ms Keddie's estate, a matter not contested by the respondent.