A testamentary gift to 'friends who resided with me from overseas' is void for conceptual uncertainty because 'friends' admits of subjective degrees and 'resided with me from overseas' creates further ambiguity as to the nature and duration of residence. A Re Benjamin order is not available where no member of the class has been identified. Where a gift of a share of residue fails, the lapsed share passes on intestacy (not to the other residuary beneficiary), and hotchpot under s 72K of the Administration and Probate Act 1919 (SA) precludes the other residuary beneficiary from sharing in the partial intestacy.
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