Queensland Judgments
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Lewis & Anor v Lohse & Ors
[2003] QCA 199 (02/7631) Brisb de Jersey CJ Williams JA Holmes J 16/05/2003
Catchwords
SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – CONSTRUCTION AND EFFECT OF TESTAMENTARY DISPOSITIONS – GENERALLY – GENERAL PRINCIPLES OF CONSTRUCTION – ASCERTAINMENT OF TESTATOR’S INTENTION AS EXPRESSED OR IMPLIED BY WORDS OF WILL – where gift of land, livestock, plant and machinery devised to appellant and second respondent subject to them accepting associated liability – where second respondent first accepted bequest but later withdrew acceptance – where appellant neither accepted nor rejected bequest – whether testator intended that both devisees must accept liability before the gift could take effect – whether a bequest may be disclaimed after initial acceptance – whether words used constituted a “contrary intention” for purposes of s 61 Succession Act 1981