Succession law explained
If a Will has a mistake in it, in most cases the Courts will do what they can to correct the error. When it comes to interpreting the uncertainty of a provision in a will, Isaacs J in Fell v Fell (1922) 31 CLR 268 at 273, held the meaning of a will was to …
Continue reading "Will unClear and equivocal – applying Fell & Fell"
Lady Winifred Iris Evelyn MacKenzie left a will dated 4 April 1966 and codicil dated 14 February 1969 (‘the will’) establishing the Sir Colin and Lady MacKenzie Trust Fund - a charitable trust (‘the trust’); the income of the trust was to be applied one third in favour of the committee administering the Sir Colin …
Elias Dimitrakakis was born in Greece and emigrated to Australia in 1960; with his wife and their five young children following the next year. During his life, he and his wife accumulated significant assets, in both Australia and Greece. Elias and his wife returned to Greece in their later years, travelling back to Australia for …
Robert Mugabe who ended white-minority rule in Zimbabwe and improved access to education and health services for the country’s poor black majority, before resorting to fear and repression to govern died in a Singapore hospital aged 95 on September 6. Following extensive inquiries, Lawyers for the Mugabe family were unable to locate Mugabe’s will. Mugabe …
Irene de Wild (“the deceased”), died on the South Coast of New South Wales, on 26 September 2017, aged 74 years, leaving about $118,000 in bank accounts in New South Wales; Irene was survived by her husband, Hermanus (“the Applicant”), a resident of New Zealand. Hermanus commenced preparations to apply for a grant of administration; …
Luigi Borazio (the “testator”), died in February 2007, leaving his widow (and third wife) Rosa a life interest and the chattels in their family home in Blacktown plus $10,000. Rosa was to pay all outgoings. The balance of the estate was given to the testator’s four daughters by his first wife equally. Rosa commenced a …
Continue reading "Exception? Unquestionably, Indubitably; Chorley!"
In a recent decision, the New South Wales Court of Appeal had to decide whether the annuity given by the deceased to his widow (‘the Appellant’) under his will was adequate to provide for the appellant’s proper maintenance and advancement in life. An annuity pays you a guaranteed income for a period of time of …
Continue reading "Family provision -An Annuity may not be Adequate"
In January 2017 G aged 35 died following a self-inflicted gun-shot to his head; he was survived by his wife, and two children, aged 8 and 11 years. G was a qualified pilot who owned an aviation business, through which he provided helicopters for mustering and feral animal control. In the years before his death, …
Continue reading "Phone Message, Audio recording ruled as Informal Will"
I have posted before about the equitable remedies available to courts where a specific gift within a Will fails; in the instance that no provision exists in the Will for dealing with the residue of the estate, that portion of the Will is treated as if it did not exist and would be distributed as …
CGT does not apply to the testator's main residence if: It is sold within two years; whether or not it is used as a main residence or to produce income during the two-year period. From the deceased's death until it is sold, the dwelling is not used to produce income and is the main residence …
Continue reading "Main Residence CGT exemption & the Executor"