Yu v Yu

Case [2015] QSC 373


SUPREME COURT OF QUEENSLAND

CITATION:

Yu v Yu & Ors [2015] QSC 373

PARTIES:

JASON YU as executor of the Will of KARTER YU
(applicant)

v

KINSON YU
(first respondent)
STEFFEN AUFSATZ
(second respondent)
DOMINIC CLARKE

(third respondent)

FILE NO:

SC No 11939 of 2015

DIVISION:

Trial Division

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

8 December 2015

DELIVERED AT:

Brisbane

HEARING DATE:

8 December 2015

JUDGE:

Ann Lyons J

ORDER:

THE COURT DECLARES THAT:

1.   Upon the proper construction of the Will of Karter Yu deceased dated 31 August 2011:

(a)   the funds received by the Estate from the deceased’s Westpac Choice account number [xxx] and UBank Savings Account number [xxxx] form part of the “cash” referred to in paragraph 3 of the Will;

(b)   the monies received by the Estate from the Australian Taxation Office (in respect of the deceased’s employment entitlements) except for $634.45, BT Financial Group (in respect of the deceased’s superannuation policy) and PSSap (in respect of the deceased’s superannuation and life insurance policies) form part of the residue under paragraph 8 of the Will; and

(c) the deceased’s personal effects and household chattels within the meaning of s 34A of the Succession Act 1981 (Qld) form part of the residue under paragraph 8 of the Will.

2.   The applicant is at liberty to distribute all entitlements under paragraph 3 of the Will to Jason Yu, Kinson Yu, Steffen Aufsatz, and Dominic Clarke.

THE COURT ALSO ORDERS THAT:

3.   The applicant’s costs of the application be paid out of the estate of Karter Yu deceased on the indemnity basis.

CATCHWORDS:

SUCCESSION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – CONSTRUCTION GENERALLY – PRINCIPLES OR RULES OF CONSTRUCTION – WORDS TO HAVE ORDINARY AND GRAMMATICAL MEANING – where a deceased’s estate comprised funds in bank accounts, personal effects, unpaid employee entitlements, superannuation and proceeds from a life insurance policy – where the deceased left an informal Will on his computer bequeathing, inter alia, his “cash” to be apportioned between five different parties and leaving the remainder to be handled by his executor at his discretion – whether the superannuation, life insurance proceeds and/or employee entitlements were intended to constitute “cash” pursuant to the deceased’s Will

SUCCESSION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – PARTICULAR TESTAMENTARY DISPOSITIONS – DESCRIPTION OF SUBJECT MATTER – PARTICULAR WORDS AND PHRASES – MONEY – where a deceased’s estate comprised funds in bank accounts, personal effects, unpaid employee entitlements, superannuation and proceeds from a life insurance policy – where the deceased left an informal Will on his computer bequeathing, inter alia, his “cash” to be apportioned between five different parties and leaving the remainder to be handled by his executor at his discretion – whether the superannuation, life insurance proceeds and/or employee entitlements were intended to constitute “cash” pursuant to the deceased’s Will

Trusts Act 1973 (Qld), s 96

Succession Act 1981 (Qld), s 6

Kruize & Anor v Cheung & Ors [2008]…

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Details
AGLC
Yu v Yu [2015] QSC 373
Case
[2015] QSC 373
Decision Date

CaseChat Overview and Summary

The case of Yu v Yu involved a dispute over the construction of the will of Karter Yu, who died in 2011, leaving an informal will on his computer. The estate comprised various assets, including bank accounts, personal effects, unpaid employee entitlements, superannuation, and life insurance proceeds. The will bequeathed the deceased’s “cash” to be divided among five individuals, with the remainder to be handled by the executor at their discretion. The primary issue before the court was whether the superannuation, life insurance proceeds, and employee entitlements constituted the “cash” referred to in the will.

The court considered the principles of will construction, emphasizing that words in a will should be given their ordinary and grammatical meaning. The court found that the term “cash” in the will referred to the funds in the deceased’s bank accounts, specifically those in his Westpac Choice account and UBank Savings Account. The court ruled that the superannuation, life insurance proceeds, and employee entitlements were not intended to be part of the “cash” bequeathed in the will. Instead, these assets formed part of the residue to be handled by the executor at their discretion.

The court concluded that the funds from the specified bank accounts were part of the “cash” bequeathed to the named individuals, while the other assets, including the superannuation, life insurance proceeds, and employee entitlements, were part of the residue of the estate. The court granted the applicant the liberty to distribute the entitlements under paragraph 3 of the will to the specified individuals. The court also ordered that the applicant’s costs of the application be paid out of the deceased’s estate on an indemnity basis.

Orders

Orders of the court

THE COURT DECLARES THAT:

1. Upon the proper construction of the Will of Karter Yu deceased dated 31 August 2011:

(a) the funds received by the Estate from the deceased’s Westpac Choice account number [xxx] and UBank Savings Account number [xxxx] form part of the “cash” referred to in paragraph 3 of the Will;

(b) the monies received by the Estate from the Australian Taxation Office (in respect of the deceased’s employment entitlements) except for $634.45, BT Financial Group (in respect of the deceased’s superannuation policy) and PSSap (in respect of the deceased’s superannuation and life insurance policies) form part of the residue under paragraph 8 of the Will; and

(c) the deceased’s personal effects and household chattels within the meaning of s 34A of the Succession Act 1981 (Qld) form part of the residue under paragraph 8 of the Will.

2. The applicant is at liberty to distribute all entitlements under paragraph 3 of the Will to Jason Yu, Kinson Yu, Steffen Aufsatz, and Dominic Clarke.

THE COURT ALSO ORDERS THAT:

3. The applicant’s costs of the application be paid out of the estate of Karter Yu deceased on the indemnity basis.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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