The Estate of William John Gilbert [2017] NSWSC 1138

Supreme Court New South Wales

Medium Neutral Citation: The Estate of William John Gilbert [2017] NSWSC 1138 Hearing dates: 4 July 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Jurisdiction: Equity Before: Emmett AJA Decision: 1. Declare that, on the proper construction of the Will of the late William John Gilbert ("the deceased") dated 7 October 1988, the word "children" appearing in clause 5 thereof includes "step-children".

2. Order that the costs of the First Plaintiff, Pamela Webster, and the Second Plaintiff, Helen Anne Barnett, be paid from the Estate of the deceased on the indemnity basis.

3. Order that the Statement of Claim be otherwise dismissed. Catchwords: SUCCESSION – wills, probate and administration – construction and effect of testamentary dispositions Legislation Cited: Succession Act 2006 (NSW), Ch 3 Cases Cited: Estate of Warren [2001] NSWSC 104 Fell v Fell (1922) 31 CLR 268; [1922] HCA 55 Harris v Ashdown (1985) 3 NSWLR 193 Langston v Langston (1834) 2 CL&F Re Estate of Wright [2016] NSWSC 1779 Category: Principal judgment Parties: Pamela Webster (As Executor of the Estate of the Late William John Gilbert) (First Plaintiff) Helen Anne Barnett (Second Plaintiff) Raymond Dunlop (As Executor of the Estate of the Late Janet Gilbert) (Defendant) Representation: Counsel: A Hill (Plaintiffs) No appearance (Defendant)

Solicitors: Armstrongs Solicitors Pty Ltd (Plaintiffs) File Number(s): 2016/226482