By Darryl Browne -
Key decisions
- In the Estate of Olive Deane Pepper (deceased) [2025] SASC 103 (Construction)
- Cottrell v Miglic [2025] VSCA 145 (Inheritance contract)
- The Estate of Tabain [2025] NSWSC 690 (Injunction restraining solicitor)
- The Estate of Maureen Alicia Anderton; Edwards v Animal Welfare League [2025] NSWSC 703 (Informal will)
- Case 12-00-1077348 (Concerning AustralianSuper Pty Ltd) and Case 12-00-1016245 (concerning AustralianSuper Pty Ltd) (Superannuation)
- In the Estate of Hugh Brown Craig [2025] NTSC 41 (Letters of Administration de bonis non administratis)
- Shand v Chief Commissioner of State Revenue [2025] NSWSC 818 (Duty)
- Walker v Leneve [2025] NSWSC 839 (Headstone)
Meaning of ‘my children’
Olive Pepper’s last will appointed ‘my children Alan, Brian and Debra to be executors and trustees of this my will’. It gave her jewellery to ‘my said daughter Deborah (sic)’. The rest of her estate was given upon trust ‘for the benefit of such of my children and their issue as survive me’.
As well as the three named children, Olive had given birth to another daughter, Janette. Janette had been adopted out at about six months. The executors sought judicial advice as to whether Janette was a beneficiary of the estate. Whilst Janette was not Olive’s child for legal purposes at the date of Olive’s death by reason of her being adopted out, that did not determine the meaning of ‘my children’ within Olive’s will.
Janette argued that ‘my children’ meant children Olive had birthed. She pointed to the strong relationship she had with Olive in Olive’s later years. The Court considered that ‘my children’ were the persons expressly named in the will as executors. Apart from the terms of the will, the Court noted that Olive had made a mirror will with her husband. His will also gave his estate to ‘my children’, but Janette was not his child. Olive did not change her will after the husband’s death (In the Estate of Olive Deane Pepper (deceased) [2025] SASC 103 (Hughes J)).
