Gift and Loan Back Arrangements

I have long been a skeptic about the enforceability of gift and loan back arrangements that do not involve the actual transfer of physical cash or money at the gifting stage. Promissory notes seem to be the latest trend in these “gifting” schemes. This decision that was handed down 2 days ago didn’t deal with … Continue reading Gift and Loan Back Arrangements

When is a contract to make a will a contract?

The decision of Haggarty v Wood (No. 2) [2015] QSC 244 was handed down yesterday by Jackson J in an alleged testamentary contract case.   I appeared for the defendant. Almost 2 years ago the plaintiffs had their statement of claim struck out, with leave to re-plead.   See Haggarty v Wood judgment here.  Since then the … Continue reading When is a contract to make a will a contract?

New mutual wills case

Flocas v Carlson is a mutual wills case handed down 4 June 2015 by McMillan J in the Victorian Supreme Court.  It is a very long decision (100 pages) but contains a very detailed history of mutual wills cases, and considers important issues such as: whether mutual wills agreements are a contract (thereby requiring consideration, … Continue reading New mutual wills case