Executor’s duty and what to do with that additional informal document

In their last days, people can often have cause to consider additional wishes they want to record somewhere as they consider what means most to them.  Unfortunately, sometimes recording these wishes can become problematic for the executors and family left behind.  Here’s a good example: I recently read the case of Re Mangan [2016] VSC 480…

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Rural farming and interpretation of “farming machinery” within a Will

As a regional lawyer living in a semi-rural area and with family in the farming industry (and as a succession nerd generally!), I thoroughly enjoyed reading this case. This case of Frey v Frey [2015] QDC 184 involved an issue of interpretation when the testator gifted “farming machinery” to a beneficiary. With multiple properties (gifted in various…

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Family provision and 30 years of estrangement

I am always fascinated by the outcome of family provision claims where the applicant is an estranged adult child. Naturally, the case of Wright v Wright [2016] QDC 74 piqued my interest. The case involved a testator leaving a significant estate valued at approximately $1.7 million dollars. Within his last will, the testator elected to disinherit his children and benefit his siblings,…

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“An amount equivalent to” a Retirement Village Exit Entitlement in a Will

With an ageing population and more testators residing in retirement villages with either freehold or leasehold interests at play, I found this case particularly interesting. The case of Suthers v Suthers [2015] QSC 285 involved a gift to the daughter of the testator of an amount of money equivalent to an amount received by the estate from the sale of the testator’s…

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Two Hats: Administrator & Super fund beneficiary = breach of fiduciary duty and account for profits

Her Honour Justice Atkinson delivered judgement on the case of McIntosh v McIntosh on 16 May 2014. This case involved an application for directions by the Administrator of an estate regarding the superannuation proceeds paid directly to her as beneficiary (at the discretion of the trustees). The administrator was the deceased’s mother. The deceased was survived…

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Order for disclosure sought against executors of estate

Not your average case, but I nonetheless found the case of Helg v Sergiacomi & Another [2014] QSC 50 an interesting read. Both parties were self-represented and the claim and assertions somewhat unclear.  Ultimately, the applicant sought disclosure of documents relating the deceased’s estate of transactions during the deceased’s lifetime including a Trust Deed and mortgage documentation.  …

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