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
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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…
Presumption of Death & Survivorship
A person may be presumed to be dead if at least seven years have passed since their disappearance. However, whether the person has died is a question of fact; therefore, it is not always necessary to wait seven years –…
A Will Kit & Testamentary Capacity
On 5 August 2021, Renato Sorati (the deceased) used a “Will Kit” to document his intentions to distribute his estate. The central issue in this case is whether the deceased had the necessary testamentary capacity on that date.
The deceased…
Will not seen by, but read in full to the Deceased
Re Norris; Lindsay v Howie [2025] VSC 85 S PRB 2024 23208 is a dispute between Ms Lindsay, (the plaintiff) one of Ms Norris’s (the deceased) nieces, and John David Howie (the defendant), Ms Norris’s husband for nearly 20 years.…
Funeral & Burial – Aboriginal Cultural Considerations
Ricky John Morris (the deceased) died on 5 November 2024 at the age of 37. He is survived by his wife, Kimberley Friday (the respondent), along with their four young children. Furthermore, he leaves behind his mother, Phyllis Taylor (the…
Applying Trust Property Cy-près.
A trust is an entity established by the equity that a court of equity can recognise. A “trust” can be defined as a relationship between a trustee and a beneficiary regarding a specific property. More specifically, a trust is present…