Leaving a “note” for mum successfully appealed; “Note” = Will

Not all that long ago, I wrote an article on a case involving a gentleman who had passed away in China.  He was Australian Citizen who was resident in China for many years and he had left a note for his mum regarding his wishes to distribute some of his property which gave rise to [...]

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Australian Citizen resident in China leaves a “note” for mum

Update! This case was successfully appealed in June 2017.  Read my article on the appeal here. Documenting your wishes is simple in theory, but quite a different story in real world.  The Supreme Court of Victoria had quite the job recently in  deciphering whether a note a man left behind was considered to be his "Will" and [...]

Contracting in Cali: Breach of contract to make Will

"Whatever starts in California unfortunately has an inclination to spread": Jimmy Carter Gregory Coote was an Australian born entertainment mogul who sadly died earlier this year. Whilst he was born in Oz, he spent most of his later years living in California. In 2011, Mr Coote had been party to divorce proceedings from his second wife and subsequently entered into [...]

Crossing borders: Disputes and Domicile

I've always been fascinated by this particular question as to how to resolve a dispute where the issue of the deceased's domicile is in question.  There have been a few cases that discuss the issue of domicile, but the question as to what should happen when this issue is in dispute AND there's a dispute as to a matter [...]