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…

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,…

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…

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…

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

…

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. …

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…