Succession law explained
The forfeiture principle aligns with the established legal maxim that individuals cannot benefit from their illegal actions. The principle was first articulated in the 1891 ruling by the English Court of Appeal in Cleaver v Mutual Reserve Fund Life Association (Cleaver) [1892] 1 QB 147. In Cleaver, the Court determined that a woman who had …
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The Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration of Probate) Rules 2023 (Vic) ( and their relevant antecedents) are significant in Re Ramos [2025] VSC 19, as they provide the legal framework for probate matters. However, they do not directly pertain to the specific issues raised in this Re Ramos [2025] …
Continue reading "Power to revoke a grant of probate obtained by fraud."
In Tasmania s3 of the Testator's Family Maintenance Act 1912 (the Act), the first issue to be determined by the Court is whether the Will left the applicant without adequate provision for their proper maintenance and support (the jurisdictional question) to be made at the time of the deceased's death: Coates v National Trustees Executors & Agency …
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The indefeasibility of title is a key aspect of the Torrens Title System, ensuring a clear hierarchy of property ownership. It grants the registered owner priority over all other claims to the property, securing their legal ownership. In the Torrens Title System, transferring real property requires more than just signing a contract of sale—registration of …
Continue reading "Equity, Indefeasibility, & A fraudulent Will"
As indicated by its name, a conditional gift refers to a gift with specific conditions outlined in a Will. A Will can establish a condition in one of two ways: a condition precedent – which requires an event to take place before the recipient can accept the gift; or a condition subsequent – a beneficiary …
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An application to the Supreme Court of NSW, under s63 of the Trustee Act 1925 NSW, allows a plaintiff "trustee" to seek "an opinion, advice or direction" from the Court on a "question" or questions presented for the Court's examination. The High Court of Australia provided a comprehensive discussion concerning the provision of judicial advice …
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One of the initial steps in managing an estate is to apply for a Grant of Probate or Letters of Administration. These grants authorise the legal personal representative to undertake further estate administration tasks, including gathering the deceased’s assets, settling debts, and distributing the remaining estate to the beneficiaries as the Will stipulates. The executor …
Continue reading "Testamentary Validity & the Dilatory Executor"
Individuals serving in the Royal Navy, Army, Royal Marines, or Royal Air Force, and sailors at sea, can create valid Wills without adhering to the usual formalities. A privileged Will does not need to be in writing; however, if it is verbal (or nuncupative), the Court must be convinced of the precise wording or at …
Grant Edward Flitton passed away between 3 and 4 March 2018 without leaving a will. On 7 March 2019, letters of administration for his estate were granted to the Public Trustee and Guardian. In this crucial role, the Public Trustee and Guardian are now seeking the Court's opinion, advice, or direction concerning estate distribution to …
It is typical for the administration of an estate to be completed within one year of the deceased's death, a period commonly referred to as the 'executor's year'. This timeline, however, can vary based on the complexity and extent of the deceased's assets and potential claims against the executor. Selecting an executor is an important …