JUDGMENT

[1] The appellants/defendants were granted leave to appeal to the Federal Court on the following single question of law:

"Where a testator by his will creates a trust over the whole of his estate and devises and bequeaths the same to his trustee whilst specifically excluding his heirs at law as beneficiaries of his estate, does the absence of a residuary clause result in a partial intestacy over any part of the said estate?"

[2] After hearing the submissions of the parties and due consideration of the written submissions of the same, we unanimously answered the question in the negative and allowed the appeal. We hereby provide our reasons for the said decision.

[3] In this judgment, parties shall be referred to as they were, in the High Court.

Background

[4] The 1st-4th plaintiffs and the 1st-2nd defendants are the lawful children to Ujagar Singh (Ujagar) and Nihal Kaur (Nihal).