In Dalziel v Gott & Ors [2024] QSC 276, the Supreme Court of Queensland was asked to interpret a clause in the Will of John Edward Gott. The case centered on whether the gift to Terrence Michael Gott included one or two parcels of land known collectively as "Florida" at 487 Main Western Road, Mount Tamborine. The court had to decide if the clause unambiguously identified a single parcel or if it, in fact, included both adjoining parcels. The court found that, despite some ambiguity due to surrounding circumstances and varied property descriptions, the testator's use of the term "house property ‘Florida’" referred to both parcels, thereby gifting them to the first respondent. The decision was influenced by the integral design of the house and gardens across both lots and testimony on the testator's intention. Consequently, the administrator's costs and the costs of the second respondents were to be paid from the estate on the indemnity basis.
Full text: https://www.sclqld.org.au/caselaw/150694