Preview: Remainder of a Right of Residence with Alisa Green and Carolyn Coventry
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Published on: [14.11.2023] How did the Supreme Court of NSW determine the proper construction of a will where there was uncertainty regarding the remainder of a right of residence granted to a person who survived the deceased but then also died? What are the “expressed intentions” of a testator? And what is the “golden rule of construction”?
Join Alisa Green (Barrister, 13th Floor St James Chambers, Sydney) and Carolyn Coventry (Barrister, 13 Wentworth Chambers, Sydney) as they discuss remainder of a right of residence in this BenchTV presentation.
Discussion Includes:
- Facts of the case
- Relevant principles in this case
- Possible constructions of the will
- Principles of construction
- Parties’ submissions
- Determination
- Takeaways
Presenter Profiles
BIBLIOGRAPHY
Cases
- Equity Trustees Wealth Services Limited v Astill [2023] NSWSC 1209
- Fell v Fell [1922] HCA 55
- Lassence v Tierney (1849) 41 ER 1379
Legislation
- Trustee Act 1925 (NSW)
- Uniform Civil Procedure Rules 2005 (NSW)
- Succession Act 2006 (NSW)
- Real Property Act 1900 (NSW)