WILLS AND ESTATES - construction of will - words used - gifts in a will - "my nephews and nieces" - relationship with deceased - description of relationship -words used in a social context to display affection rather than convey meaning - deceased understood ordinary conception of nephew or niece - intended description includes nephews and nieces of the whole blood and of the half-blood - intention not to include nephews and nieces of testator's de facto partner
WILLS AND ESTATES - construction of will - words used - intended use of words other than ordinary meaning - intention of testatrix at the time of execution of will with regard to the admissible extrinsic evidence - "testator's armchair principle" - Succession Act 2006 s 32 not applicable to present will
WORDS & PHRASES - "nephews and nieces"
Case Details
Citation[2012] NSWSC 290
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 13 later cases that cite this judgment.