Construction and Effect of Testamentary Dispositions
Construction Generally
Reading the Will As a Whole
Quick Take
1A testamentary statement that property 'is to stay in the family' for named beneficiaries 'to live in the family home' is not dispositive and does not create a life estate or other beneficial interest where no express trust is created, no provision is made for what occurs when the beneficiaries cease to reside, and the beneficiaries were not in fact residing at the property — such a clause amounts to a mere wish.
2A testator cannot by will dispose of property not belonging to the testator's estate; purported directions to executors to utilise funds from third parties' bank accounts or to exercise powers of attorney that expired on the testator's death are invalid under s 8(1) of the Succession Act 1981 (Qld).
3Where the source of conflict between co-executors has been substantially resolved by a court ruling on construction, removal of an executor may not be warranted at that point, though the position may change if conflict continues.
