Hibbitt v Ziade [2022] NSWSC 904

Supreme Court New South Wales

Medium Neutral Citation: Hibbitt v Ziade [2022] NSWSC 904 Hearing dates: 4 July 2022 Date of orders: 4 July 2022 Decision date: 04 July 2022 Jurisdiction: Equity Before: Parker J Decision: See [59]-[60] Catchwords: SUCCESSION – will – construction – gift of rest and residue of estate to executor including testator's house – after payment of funeral and testamentary expenses executor to hold property "to" the plaintiffs "in return for" caring for testator's two cats – whether gift deferred for cats' lifetimes and conditional on plaintiffs caring for cats – whether language of will ambiguous – whether extrinsic evidence of deceased's intentions admissible – held that gift of house to plaintiffs not deferred or conditional Legislation Cited: Succession Act 2006, s 32 Cases Cited: Armstrong v The Children's Hospital at Westmead [2008] NSWSC 1315 Fairbairn v Varvaressos (2010) 78 NSWLR 577 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Christopher Hibbitt (First Plaintiff/Cross-Defendant) Larraine Hibbitt (Second Plaintiff/Cross-Defendant) Richard Ziade (Defendant/Cross-Claimant) Representation: Counsel: V Bedrossian SC (Plaintiffs/Cross-Defendants) J Armfield (Defendant/Cross-Claimant)

Solicitors: Norris Somers Maait Lawyers (Plaintiffs Cross-Defendants) Anthony Ziade & Associates (Defendant/Cross-Claimant) File Number(s): 2021/259026 Publication restriction: Nil