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Capacity can be measured in a number of ways. However, it is important to consider any particular test of capacity by reference to the context of the test. This is highlighted in Schuitema v Schuitema, which relates to a claim regarding the will-maker’s capacity and allegations of undue influence. Matters between the parties were settled … Continue reading
Testamentary trusts are not uncommon. However, trusts deriving from wills are not generally drafted in “conventional” form. This practical reality can lead to unintended administrative hurdles. Re McKay addresses this from a practical construct. By way of background, as noted at [2]: As set out at [9]: It is suggested that the reasoning of the … Continue reading
Jones v Jones relates to matters in dispute regarding the estate of Basil Jones, in the context of a blended family. The executors of Basil Jones’ will are his surviving wife Laurel and his children from a previous relationship. Laurel made an election to pursue a claim against Basil’s estate pursuant to the Property (Relationships) … Continue reading
The Federal Court of Australia decision in Fotios v Helios Corporation Pty Ltd (No 3) has deviated from the Privy Council’s recent decision in Equity Trust (Jersey) Ltd v Halabi , which held by a majority that trustees and former trustees shared liability pari passu on insolvency (see No ranking between trustees). It remains to … Continue reading
Ryan v Lobb relates to the interpretation of a resettlement clause contained in the deed of trust for the Lothbury Trust (the Trust) that expressly provided for a resettlement on written notice in the event that the Settlors separated, or their marriage was legally dissolved. Such notice was given by Ms Ryan in 2017 following … Continue reading
Matters of Trust 