Succession law explained
Kenneth Talbot (“the deceased”) left a Will dated 29 November 2002 (“the 2002 Will”) prepared by a solicitor, William Boyd (Boyd). The deceased, either individually, or through corporate and trust entities he controlled, had hundreds of millions of dollars worth of assets. Background The deceased’s circumstances had “materially changed” between the execution of the 2002 …
Continue reading "The Billionaire’s testamentary intentions"
Limited grants of administration are designed to accommodate specific circumstances arising in an estate where it is not possible to obtain a full grant of administration or probate. Unlike a full grant of which vests general powers in the executor or administrator to act on behalf of the deceased’s estate until the administration of the …
Continue reading "Jeopardy and administration pendente lite"
A grant of administration ad litem provides for the management of legal proceedings on behalf of an estate; enabling the estate to bring or defend legal proceedings. A grant ad litem is necessary where no personal representative willing or able to take out a grant of probate or administration and proceedings involving the deceased cannot …
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Where a Will is lost the executor has to consider whether the deceased intended to revoke the will by destroying it or to apply for a Grant of Probate of a copy of the will supported by an affidavit outlining the searches conducted and evidence the deceased intended the lost Will to be their last. …
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The NSW Supreme Court can make a family provision order under Ch 3, of the Succession Act, concerning the estate or notional estate of a deceased person, to provide from that estate for the maintenance, education or advancement in life of an eligible person. An “eligible person” includes a person with whom the deceased was …
In New South Wales s40A(1) of the Probate and Administration Act 1898 (NSW) provides that if the Court is satisfied by direct evidence or on the presumption of death, that a person is dead it has jurisdiction to grant administration of the person's estate, notwithstanding that subsequently the person was living at the date of …
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Where a party acts on “an assumption as to the future acquisition of ownership of property which had been induced by representations upon which there had been detrimental reliance by the plaintiff”, the Court may grant relief to vindicate the assumption in whole or in part: Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR …
“Darkness and suspicion are common features in will cases: the truth too often is the secret of the dead or the dishonest. Because it is often difficult, and sometimes impossible, to discover the truth, the law insists on two types of safeguard in will cases. The first type of safeguard is … the requirements of …
Mutual wills refer to contracts not to revoke a will after the death or incapacity of the other contracting party. Usually, a couple agrees that the property of whoever is the last to die will go to a specified beneficiary. Importantly there must be some independent evidence of a contract between the persons making the …
Continue reading "The floating obligation of mutual will contracts"
In Tasmania, a testators spouse is eligible to bring an application for further provision from an estate if at the testator’s death they have been "left without adequate provision for (her) proper maintenance and support": s 3(1)Testators Family Maintenance Act 1912 Coates v National Trustees Executors and Agency Co Ltd (1956) 95 CLR 494 The …
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