Succession law explained
A trustee’s right of indemnity - the entitlement to be reimbursed from trust assets for expenses and liabilities properly incurred in administering the trust - gives rise to an equitable interest in the trust property that ranks ahead of the interests of the beneficiaries. Importantly, the equitable interest survives the trustee’s removal from office, enabling …
Continue reading "Naaman v Jaken Properties Australia Pty Limited – Trustee’s Right of Indemnity"
Section 35 of the Administration Act 1903 (WA) codified Administration pendente lite, empowering the court to appoint an administrator of the personal estate and a receiver of real estate during litigation relating to the validity of a Will or a grant of probate or administration. The court has discretion to determine the scope of the …
Continue reading "Administration Pendente Lite under s 35 of the Administration Act 1903 (WA)"
Leahy v Attorney-General for New South Wales concerns a charitable trust in Australian and English trusts law. The High Court of Australia examined it in 1958 and the Privy Council in 1959. The case addressed the validity of donating to an unincorporated organisation, concluding that gifts in trust can only be made for charitable purposes …
When a Will is lost or destroyed, the presumption of intentional destruction (animo revocandi) either does not arise or is rebutted successfully. The key principles established in Sugden v Lord St Leonards are: (a) The contents of a lost document, including a Will, can be proven using secondary evidence. (b) Statements made by the testator—whether …
Adverse possession allows a person who occupies land without the owner’s permission to gain legal title following a specified statutory period. The doctrine rests on the notion that the occupier should productively use the land and that long-term neglect by the legal owner justifies a shift in ownership to the occupier. Two elements are required …
In Kemp v Findlay [2025] NSWCA 46, the NSW Court of Appeal clarified that informal documents must be intended to operate as a Will “without more,” distinguishing valid testamentary acts from drafts or instructions. In 2011, Elizabeth Kemp (the appellant) and Andrew Findlay (the deceased) began a de facto relationship, during which they had three children. …
The Supreme Court of Western Australia has inherent jurisdiction to resolve disputes concerning controlling a deceased’s funeral and disposal of the body. This jurisdiction is preserved by s4 of the Administration Act 1903 (WA). The legal framework is based on the following core principles: It is essential to note that no property ownership is associated …
Continue reading "Burial? Cremation? – Conflict between next of Kin "
A person may be presumed to be dead if at least seven years have passed since their disappearance. However, whether the person has died is a question of fact; therefore, it is not always necessary to wait seven years – even when that person’s body has not been found. Having referred to a presumption of …
On 5 August 2021, Renato Sorati (the deceased) used a "Will Kit" to document his intentions to distribute his estate. The central issue in this case is whether the deceased had the necessary testamentary capacity on that date. The deceased married Robyn Sorati (the plaintiff) in 1991. He had two sons, Paul (the defendant) and …
Re Norris; Lindsay v Howie [2025] VSC 85 S PRB 2024 23208 is a dispute between Ms Lindsay, (the plaintiff) one of Ms Norris's (the deceased) nieces, and John David Howie (the defendant), Ms Norris's husband for nearly 20 years. Gray J made several uncontested findings on contextual matters, which are crucial to understanding the …
Continue reading "Will not seen by, but read in full to the Deceased"