Retirement village loan repayment not “real estate”

In a judgment handed down last Thursday, the Chief Justice found that a clause leaving "“any real estate that I own at the date of my death” did not encompass the repayment of a loan due following the termination of sublease of a unit in a retirement village. The case highlights how careful solicitors have … Continue reading Retirement village loan repayment not “real estate”

Offensive and scandalous conditions in wills

The Supreme Court has an inherent power to remove from a will, language that is considered to be "scandalous, offensive, defamatory or blasphemous". In Re Welsh, the deceased’s Will stated he had made no provision for his wife as their marriage had broken down, they lived separately and that “she is a compulsive and addicted gambler.”  The … Continue reading Offensive and scandalous conditions in wills

Equitable interest v personal right to reside

In a judgment handed down yesterday, Philip McMurdo J held that a right given to grandchildren under a will "to permit [them] to have the full use of the property for a period of five years from my death TOGETHER with the full use of my household furniture and household effects as a personal right" … Continue reading Equitable interest v personal right to reside