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Beneficiaries rule

In Heylen v Keene  all actual and potential beneficiaries signed an “amended direction” directing the executors of the estate of Paul Heylen to distribute the estate, not in accordance with his will, but as directed by the beneficiaries (in accordance with the rule in Saunders v Vautier. Although the parameters of rule in  Saunders v Vautier … Continue reading

David and Goliath?

Pertinent facts: On first blush Biggs v Biggs has the appearance of a David and Goliath style contest.   Nation J refers at [10] to the 2300 pages of documents that have had to be considered and at [11] notes that when claims are pursued “in a particular way, there can be scant recognition of the … Continue reading

Testamentary promise

Blended families can be complicated.  Sarah Ross’s father, Phillip New, left his entire estate to his partner of 40 years Maureen Dwight.  Sarah did not challenge her father’s will on the basis that his partner Maureen promised that provision would be made for Sarah by Maureen in Maureen’s will.  A will was prepared to this effect. … Continue reading

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