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As noted at [20(a)] of Newton v Dunasemant “While the dramatic change in the terms of the 2021 will from those of the 2016 will might give rise to an initial presumption of undue influence, Christine’s evidence and that of Mr Fitzgerald rebut that presumption by elaborating on the disconnect between Fraser and Mrs Newton … Continue reading
Re the estate of Ian Douglas Dobson relates to an application for probate in solemn form necessitated due to questions arising as the will-maker’s testamentary capacity. The relevant time-line is: As noted at [14]: Regardless, the weight given to this assessment was balanced against the evidence given regarding the circumstances surrounding the execution of Mr … Continue reading
Grbavac v Vujcich relates to an application to recall probate on the basis that the deceased lacked testamentary capacity when he executed a codicil to a 2004 will in 2013. At the time of his death Joseph Grbavac’s estate was valued in excess of $10 million. The 2013 codicil reduced the number of executors, changed … Continue reading
Churchman J’s decision in Lane v Li, which runs to 239 paragraphs over 46 pages, relates to allegations that the deceased did not have testamentary capacity when a will was made together with an allegation of undue influence. As noted at [31]: [31] The Court is also in the unusual situation of having available to … Continue reading
Where an executor has concern as to a will-maker’s capacity, the appropriate course of action is to seek probate in solemn form. Public Trust v The Cancer Society of New Zealand, Otago and Southland Division Incorporated provides a useful example of the importance of contemporary evidence of capacity (where incapacity was not identified by the person taking … Continue reading
It is not uncommon for will-makers to specify the age at which beneficiaries are to benefit. The question is, if the beneficiaries have capacity, must they wait? Telford v Telford answers this question by reference to the rule in Saunders v Vautier, and more latterly section 121 of the Trusts Act 2019. By way of … Continue reading
In the matter of The Piedmont Trust and the Riviera Trust relates to an application for the Jersey Royal Court to approve the final distribution of trust assets in circumstances where the beneficiaries are in agreement regarding the termination of the trusts (but where there is disagreement regarding the allocation of the trust assets between … Continue reading
In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by … Continue reading
Trusts can seem like a great idea. And then one day a settlor can be confronted with the reality of the loss of control and cast around for someone to blame. In addressing the realities of trust ownership, the exercise of powers of removal and appointment can offer a solution to issues with the dynamics between … Continue reading
Bean v Bean is a an application to strike out a Family Protection Act 1955 (FPA) claim on the basis that it has no prospect of success. The bar is set high for such a claim. While any such claim will depend on its own facts, Bean v Bean is an interesting study of the procedural and tactical aspects … Continue reading
Matters of Trust 