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Who should care: Persons wishing to see the benefits of a testamentary trust argued in Court The Case : Francis v Martin [2024] VSC 340 Link to case : https://jade.io/article/1080558 Case Summary : Issue: The primary issue in this case is whether the plaintiff was entitled to a family provision order that would allow her entitlements under her late father’s will to vest absolutely in her, despit...
Testamentary trusts in a Will challenge
Jul 04, 2024
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Who should care: Persons who give money to others to buy property as part of a 'joint investment' and don't hold legal title to the property. The Case : Purnell v Purnell [2024] QDC 79 Link to case : https://jade.io/article/1077201 Case Summary : Issue: Whether the plaintiff had an equitable interest in the property which was legally owned by his sister (the defendant). Rule: The court considered ...
When you don't put your name as legal owner of a property
Jun 27, 2024
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Who should care: People who want to correct original drafting errors. The Case : Chloe Adolphi Pty Ltd as trustee for The Chloe Adolphi Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 48 Link to case : https://jade.io/article/1063474 Case Summary : Issue : The primary issue is whether the deed of rectification executed by the trustee for The Chloe Adolphi Family Trust, effective...
When can a rectification deed 'fix things'
Jun 20, 2024
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