In Queensland, the Succession Act 1981 provides modification of a Will if the testator and witnesses signatures are present either in the margin, near the modification, or on a memorandum that references the change. However, when disputes arise concerning alterations
A&A
Testator’s Soundness of mind, memory and understanding
In Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 Kunc J discussed issues related to testamentary capacity that intrinsically depend on each case’s specifics. No universal guideline or method can address all situations to eliminate the chance of…
Forfeiture, Disclaimer & the Courts Discretion UK
The forfeiture principle aligns with the established legal maxim that individuals cannot benefit from their illegal actions. The principle was first articulated in the 1891 ruling by the English Court of Appeal in Cleaver v Mutual Reserve Fund Life Association…
Power to revoke a grant of probate obtained by fraud.
The Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration of Probate) Rules 2023 (Vic) ( and their relevant antecedents) are significant in Re Ramos [2025] VSC 19, as they provide the legal framework for probate matters. However,…
Criteria for determining Family Provision application
In Tasmania s3 of the Testator’s Family Maintenance Act 1912 (the Act), the first issue to be determined by the Court is whether the Will left the applicant without adequate provision for their proper maintenance and support (the jurisdictional question) to…
Equity, Indefeasibility, & A fraudulent Will
The indefeasibility of title is a key aspect of the Torrens Title System, ensuring a clear hierarchy of property ownership. It grants the registered owner priority over all other claims to the property, securing their legal ownership.
In the Torrens…
Wills – Conditions Precedent or Subsequent
As indicated by its name, a conditional gift refers to a gift with specific conditions outlined in a Will.
A Will can establish a condition in one of two ways:
- a condition precedent – which requires an event to take
…
Judicial Advice – s63 Trustee Act 1925 (NSW)
An application to the Supreme Court of NSW, under s63 of the Trustee Act 1925 NSW, allows a plaintiff “trustee” to seek “an opinion, advice or direction” from the Court on a “question” or questions presented for the Court’s examination. …
Testamentary Validity & the Dilatory Executor
One of the initial steps in managing an estate is to apply for a Grant of Probate or Letters of Administration. These grants authorise the legal personal representative to undertake further estate administration tasks, including gathering the deceased’s assets, settling…
The Lusitania & Broader Privileged Wills
Individuals serving in the Royal Navy, Army, Royal Marines, or Royal Air Force, and sailors at sea, can create valid Wills without adhering to the usual formalities. A privileged Will does not need to be in writing; however, if it…