Judgment was handed down this afternoon by Burns J in this construction case. I appeared for the respondent.
The deceased’s will left her daughter “an amount of money equivalent to that amount received by my estate upon the sale of my interest in [a retirement village unit] …”
It was argued that the gift failed for two reasons:
- There was no amount of money “received by my estate” as the unit had been disposed of 4 years before the testator died; and
- There was no “sale” of the unit, as the deceased’s entitlement was an “exit entitlement” calculated in accordance with a lease.
Both arguments failed and the gift was construed so as to benefit the daughter.
Both parties’ costs were ordered to be paid from the estate.