In a judgment handed down yesterday, Philip McMurdo J held that a right given to grandchildren under a will “to permit [them] to have the full use of the property for a period of five years from my death TOGETHER with the full use of my household furniture and household effects as a personal right” was a personal right to live on the property and did not confer an equitable interest in the property.

It followed that upon the sale (which was necessary to pay estate debts), the grandchildren had no entitlement to any part of the proceeds of sale.

Read McElligott v Public Trustee [2013] QSC 314 here.