Alan John Hyland (as Executor of the Estate of the late Lily Therese Hyland) v Jacqueline Sheri Woods [2011] NSWSC 266

Supreme Court New South Wales

Medium Neutral Citation: Alan John Hyland (as Executor of the Estate of the late Lily Therese Hyland) v Jacqueline Sheri Woods [2011] NSWSC 266 Hearing dates: 31 March 2011 Decision date: 31 March 2011 Before: Rein J Decision: 1. Gift to and trust established for James Stanley Hyland under the will have failed. 2. Declaration that the plaintiff is entitled to pay out 60% of the monies in the Commonwealth Bank of Australia fixed deposit account to the three beneficiaries named immediately in accordance with clause 4 of the will. 3. Plaintiff's costs to be paid out of the estate on an indemnity basis. 4. First and fourth defendants' costs to be paid out of the estate on the usual basis. Catchwords: SUCCESSION - construction of will - whether a gift to and trust established for a beneficiary under the will has failed due to the death of the beneficiary prior to the death of the testatrix - whether the executor is entitled to pay out monies immediately to the named beneficiaries pursuant to the will Cases Cited: Estate of Elizabeth Emily Jenkinson [2000] NSWSC 495 Re Meynell [1949] WN 273 Saunders v Vautier (1841) 41 ER 482 Texts Cited: G L Certoma, The Law of Succession in New South Wales, 4th ed (2010), Thomson Reuters (Professional) Australia Category: Principal judgment Parties: Alan John Hyland (plaintiff) Jacqueline Sheri Woods (first defendant) Myra Margaret Davidson (second defendant) Rosemary Ann Falkenberg (third defendant) Brandii Mae Woods (fourth defendant) Representation: Counsel: G M McGrath (plaintiff) D F Rowley (solicitor for the first and fourth defendants) Solicitors: Lobban McNally (plaintiff) Levy Partners (first and fourth defendants) Teece, Hodgson & Ward (third defendant) File Number(s): SC 2010/308606