In Comino v Comino & Anor [2024] QSC 166, the Supreme Court of Queensland examined the interpretation of the Will of Penelope Comino. The case centred on the proper allocation of Penelope’s 50% interest in a property at 723 Trouts Road, Aspley, Brisbane, following the changes in property ownership after her husband, Stephen, severed their joint tenancy to become tenants in common prior to his death. The applicant, Arthur Stephen Comino, sought a declaration that under the Will, ownership of this share was intended for him and Maria Penelope Comino. The court concluded that, although the introductory wording of clause 9 of the Will suggested conditions that were not precisely met, the interpretation of the Will as a whole supported the intention to bequeath Penelope's interest to Arthur and Maria as tenants in common. Consequently, the court ordered this distribution, with all parties' costs to be paid from the estate on the indemnity basis.
Full text: https://www.sclqld.org.au/caselaw/149319