Succession law explained
The "lapse rule" refers to the general rule that when a Will contains a gift to an entity that no longer exists at the time of the testator's death, the gift will become void. This rule applies even to gifts for charitable purposes. See Re Servers of the Blind League [1960] 1 WLR 564; Re …
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The Administration and Probate Act 1958 (Vic) permits the Court to provide for an eligible person from a deceased estate for proper maintenance and support. In 2014, parliament amended the Act to restrict who could claim a family provision from a deceased estate. The Act has three key stages that an applicant must follow. Firstly, …
The Tolkien Estate is the legal body that manages the copyright for most of J. R. R. Tolkien's works. The estate has assigned the individual copyrights to the Trust. The Tolkien Trust is a U.K. registered charity established in 1977 by the author's four children, J R R Tolkien, to enable the Tolkien family to …
The Succession Act 2006 allows the Court to designate an asset not currently part of the deceased estate as "notionally" part of the deceased estate. For property eligible for a notional estate claim, the deceased must have owned the property in the last three years. Property, in this instance, refers to all types of assets, including real …
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It is well-established in law that an executor cannot compel an individual to accept a gift of property against their wishes. A beneficiary under a will or intestacy can refuse or renounce a gift, commonly known as a 'disclaimer.' The principles governing disclaimers of gifts vary based on the type of gift and the nature …
The applicant is the daughter of Janita Sullivan (the deceased ), who died on 16 November 2021. The deceased had lived on a small acreage property at South Nanango, purchased in 2019 (the property) in a shipping container, without electricity. Her only companions were a horse, some chickens and a cat. Due to COVID-19 border …
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"Limited grants of administration" refers to a specific type of legal authority given to someone to manage the assets and affairs of a deceased person's estate. Unlike a full grant, which vests general powers in the executor or administrator to act on behalf of the deceased's estate until the administration of the estate is complete, …
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In 1973, singer-songwriter Marvin Gaye reached number one on the Billboard Pop Singles chart with his new R&B hit for Motown Records, "Let's Get It On." Cowritten with producer Ed Townsend, the sensual single sold more than two million copies in the weeks after its release, and it helped solidify Gaye as the "Prince of …
Continue reading "Griffin et al. v. Sheeran et al: Ed Sheeran Triumphs in Copyright Battle"
If a person is criminally responsible for the death of another, and that death is a material fact in the vesting of property in favour of that person, the interest in that property is forfeited. It is a long-standing rule under the law of succession known as the forfeiture rule. Another way of expressing the …
In Soulos v Pagones; Soulos v Soulos; Soulos v Soulos; Soulos v Pagones; Kristallis v Soulos; Kristallis v Soulos; Kristallis v Pagones [2023] NSWCA 243, the New South Wales Court of Appeal delivered a unanimous verdict in dismissing appeals against Lindsay J’s exercise of discretion under the NSW Succession Act. The matter involved seven sets …
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