by ROBERT | Nov 9, 2023 | Disability, Family provision, Succession
This case concerns an appeal against a judge’s refusal to sanction a proposed compromise of a claim by a disabled man, John Abrahams, for better provision from his late father’s estate under the Succession Act. John has Down Syndrome and other conditions....
by ROBERT | Nov 9, 2023 | Probate
This case concerns the validity of a 2017 will made by Kevin Chambers, who died in 2023. The two-page DIY will was signed by Kevin on page one, which contained all the operative clauses. These appointed his grandson executor, revoked prior wills, and left his entire...
by ROBERT | Oct 20, 2023 | Asset protection, Succession
A married couple, Mario Caruso and Catherine Whitty, purchased a property to be their matrimonial home. To help fund the purchase, Caruso obtained a loan from his siblings. As part of the transaction, Whitty executed a deed appointing Caruso as her attorney to sell...
by ROBERT | Oct 18, 2023 | Asset protection, Debt recovery
The High Court allows an appeal concerning whether a wife holds a marital home on trust for her husband. The wife purchased the property using loans in both spouses’ names, but title was solely in her name. The Commissioner obtained a declaration in the Full...
by ROBERT | Sep 27, 2023 | Asset protection, Succession
In 1995, Peter Smeaton engaged a solicitor, Joseph Pattison, to prepare a new will leaving his share of investment properties held in joint tenancy with his wife to his 4 children. The solicitor advised Mr Smeaton to execute transfers of his interest to sever the...
