Michele Davis

Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time.

The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the late George Roby who passed away in 1999.  In his last Will, he directed his executors to purchase two 1-2 bedroom units; one for his son, Ian, to reside in (the Jannali unit) and the other for his son David to reside in (the Woolooware unit).  The case related to Ian’s interest.   In addition to the two questions to be determined, the Court was also required to deal with an alleged failure to account by the original executor (who had since passed away) for rent receipts on trust property in and following 2007.  Grace, Dennis’ daughter, who became the executor…

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