Beattie v Sainsbury [2003] NSWSC 499

New South Wales Supreme Court

CITATION : Beattie v Sainsbury [2003] NSWSC 499 HEARING DATE(S) : 04/06/03 JUDGMENT DATE : 4 June 2003 JURISDICTION: Equity Division JUDGMENT OF : Young CJ in Eq DECISION : No contrary intention shown therefore s 29 operates to prevent lapse of gift.

CATCHWORDS : SUCCESSION [156]- Will- Construction- Gift to children- Child predeceased testator- Whether lapse- Whether contrary intention to principle in s 29 of the Wills Probate and Administration Act 1898 LEGISLATION CITED : Wills Probate & Administration Act 1898, s 29 Bassett v Hall [1994] 1 VR 432 Davies v The National Trustees Executor & Agency Co of Australasia Ltd [1912] VLR 397 CASES CITED : Ex parte Ray; Re May (1815) 1 Maddocks 199; 56 ER 74 Re Harrison (1885) 30 Ch D 390 Re Jenkinson [2000] NSWSC 495 Re Meredith [1924] 2 Ch 552 Paul Stephen Beattie (P1) PARTIES : Jennifer June Beattie Allen (P2) Ian Noel Beattie (P3) Ronald Bruce Sainsbury (D) FILE NUMBER(S) : SC 4367/02 COUNSEL : Ms J Needham (P) J Wilson (D) SOLICITORS : Hunt & Hunt (P) Philip J King (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

YOUNG CJ in EQ

Wednesday 4 June 2003

4367/02 – BEATTIE v SAINSBURY JUDGMENT 1 HIS HONOUR: Henry Holmes Sainsbury died on 23 February 2002. Probate of his will, made 1 September 2000, was granted to the defendant on 11 December 2002. 2 The testator's will contained only one dispositive clause and that is cl 4, which reads as follows: " I GIVE the whole of my estate subject to the payment of my debts to my trustee upon trust to divide as follows: (i) As to a one half share thereof to my said son RONALD BRUCE SAINSBURY but if my said son dies before attaining a vested interest leaving a child or children then such child or children shall take in equal shares if applicable the share which his her or their parent would otherwise have taken. (ii) As to a one half share thereof to my daughter ZELMA JUNE BEATTIE for her sole use and benefit absolutely."