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Probate, or proving, of a will can be made in common or solemn form. As noted at [4] in Young v Young “Probate in solemn form is generally irrevocable; probate in common form is revocable.” By way of general observation probate in common form is what is most commonly sought. Probate in solemn form is … Continue reading
The moral dimension of trusteeship arises in many contexts. The recent New Zealand court decisions concerning information obligations to beneficiaries, and the way this is dealt with in the new Trusts Bill, highlight the difficulty of judging what information is too much or too little to disclose. However, general principles on disclosure bypass the consideration … Continue reading
It can be hard enough to deal with being de-friended on Face Book. But what about when your mother favours the sibling who lived with her for her whole life over you? Rule and Belcher v Rule and Charles Whata J grappled with this reality when an elderly mother entered into a new will days after suffering … Continue reading
Matters of Trust 