In Krstic, Mark Stefan & Krstic, Nicholas Thomas v State Trustees Limited (ACN 064 593 148) (who is sued as the executor of the will and estate of Peter Krstic, deceased) [2012] VSC 344, the Supreme Court (McMillan J) was considering the interpretation of two clauses in a will (relating to contingent gifts). Her Honour reviewed the principles to be applied to the construction of a will:
‘A detailed and succinct summary of the principles is set out in Fell v Fell. Prima facie, the written words in the will must be given their ordinary meaning, with the Court making a determination of the issue by reference to the words used by the testator in the will, having regard to any established rules of construction and construing a ‘will as trained legal minds would do’.