Optional Extra: Court held exercise of Option to Purchase not done properly

Will making is sometimes pretty complex work. The plan will always be unique to a person’s wishes and the personal circumstances.  Every so often, I receive instructions from clients to include an ‘option’ for one of their family or friends to purchase their property. Usually, this is because they’re trying to balance at least two…

“Probable intention”: Novel rectification case in ACT

Recently the Supreme Court in the ACT was called to determine a question of the interpretation of a Will and subsequent amendments made to the Will by the testator on the day he died. In the Estate of Rummer [2017] ACTSC 277, the Plaintiff called upon the Court to determine the true construction of the…

Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time

Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time. The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the late George Roby who passed…

Worldy Wisdom: Why a pro forma will still ends up in Court

I’m always curious as to any judgement dealing with will kits or proforma wills.  I have every suspicion we will see more of these as the years go on. Recently the Court had to determine what a testator meant in the matter of Rhodes v Rhodes (as Executor of the Estate of Cecil Ronald Rhodes) & Ors…

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…

“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…