Brikcius v Brikcius [2025] NSWSC 342 highlights the increasing legal difficulties associated with Assets, inheritance, elderly parents, family expectations & enduring powers of attorney. Although attorneys must prioritise the well-being of a principal who cannot make decisions, other matters cannot supersede
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Resulting Trust from the Latin “resultare,” meaning “to spring back” or “to revert.”
A resulting trust arises when a settlor conveys property to a trustee, but the trust either does not succeed or the beneficial interest is not entirely allocated. In these situations, the trust property “returns” to the settlor, indicating that the…
When Is Estate Administration Complete ?
Executors do not retain their roles indefinitely. Once their duties concerning an asset are complete, they hold that asset in trust for the beneficiary—even without a formal transfer. Executors who fail to take the final step of transferring title may…
Naaman v Jaken Properties Australia Pty Limited – Trustee’s Right of Indemnity
A trustee’s right of indemnity – the entitlement to be reimbursed from trust assets for expenses and liabilities properly incurred in administering the trust – gives rise to an equitable interest in the trust property that ranks ahead of the…
Administration Pendente Lite under s 35 of the Administration Act 1903 (WA)
Section 35 of the Administration Act 1903 (WA) codified Administration pendente lite, empowering the court to appoint an administrator of the personal estate and a receiver of real estate during litigation relating to the validity of a Will or…
Leahy v Attorney-General (NSW): Charitable Trusts, Religious Orders, and the Rule Against Perpetuities
Leahy v Attorney-General for New South Wales concerns a charitable trust in Australian and English trusts law. The High Court of Australia examined it in 1958 and the Privy Council in 1959. The case addressed the validity of donating to…
Costs in contested probate proceedings
When a Will is lost or destroyed, the presumption of intentional destruction (animo revocandi) either does not arise or is rebutted successfully. The key principles established in Sugden v Lord St Leonards are:
- (a) The contents of a lost document,
…
Possession, Permission, and Prevarication: A Cautionary Case on Adverse Possession in NSW
Adverse possession allows a person who occupies land without the owner’s permission to gain legal title following a specified statutory period. The doctrine rests on the notion that the occupier should productively use the land and that long-term neglect by…
Informal Will – Appeal
In 2011, Elizabeth Kemp (the appellant) and Andrew Findlay (the deceased) began a de facto relationship, during which they had three children. In 2015, the deceased created a Will, leaving his entire estate to Ms. Kemp (the 2015 Will). Their…
Burial? Cremation? – Conflict between next of Kin
The Supreme Court of Western Australia has inherent jurisdiction to resolve disputes concerning controlling a deceased’s funeral and disposal of the body. This jurisdiction is preserved by s4 of the Administration Act 1903 (WA).
The legal framework is based…