Catchwords are the way in which we classify reports into a consistent taxonomy.
Reports matching this catchword classification
Administration and Probate — Intestate — Next of kin entitled to administration resident abroad — Authority to trustee company to obtain administration — Form of grant — The Perpetual Executors and Trustees Association Act (No. 840), s. 4.
Administration and Probate — Attorney under power of English executor — Sealing of exemplification of English probate by attorney — Devolution of office of executor — Executor of attorney, position of — Administration and Probate Act 1890 (No. 1060), ss. 40, 44.
Administration and probate — Codicil — Validity of — Execution — Writing other than signature not seen by witnesses — Wills Act 1890 (No. 1159), s. 7.
Administration and Probate — Administration — Order to administer granted to Public Trustee in Tasmania — Deceased domiciled in Tasmania — Property in Victoria — Curator of Intestate Estates — Who entitled to administer — Administration and Probate Act 1890 (No. 1060), ss. 40, 44, 52, 55.
Administration and Probate — Duty — Administration and Probate Act 1890 (No. 1060), s. 112 — Administration and Probate Act 1903 (No. 1815), s. 8 — Settlement — Trusts and dispositions which may take effect upon the death of the settlor — No property subject to settlement at time of settlor's death — Settlement not chargeable with duty.
Administration and probate — Probate duty — Statement for duty — Deductions — Debts due — Debt barred by Statute of Limitations — Administration and Probate Act 1890 (No. 1060), s. 97.
Administration and probate — Practice — Commission — Future commission — Executors and trustees — Passing accounts.
Administration and probate — Practice — Foreign will — Sealing exemplification — Power of attorney, sufficiency of — Administration and Probate Act 1890 (No. 1060), s. 40.
Administration and probate — Will — Execution — Probate — Incorporation by reference of document not duly executed — Will leaving property "as per enclosed my last will and testament" — Writing entitled "Last will and testament" on back of will making disposition of property.
Administration and probate — Probate duty — Immediate gift — Possession and enjoyment to the exclusion of the donor — Husband and wife — Money supplied by husband to pay for house intended to be bought by wife — Whether gift of money — Gift by husband to wife of house — House used as matrimonial domicil — Administration and Probate Act 1903 (No. 1815), s. 11 — Administration and Probate Act 1890 (No. 1060), s. 98 — Right of husband to live in wife's house.
Administration and probate — Probate duty — Immediate gift — Possession and enjoyment to exclusion of donor — Husband and wife — Money supplied by husband to pay for house bought by wife — Gift of money or of house — House used as matrimonial domicil — Administration and Probate Act 1903 (No. 1815), s. 11.
Administration and Probate — Executor and trustee — Commission — Legacy to executors and trustees who shall act — Trustee acting as agent empowered to charge as such — Allowance of further commission — Administration and Probate Act 1890 (No. 1060), s. 26.
Administration and probate — Probate granted in United Kingdom — Sealing in Victoria — Application by attorney under power of executors — Power of attorney — Execution of — Verification — Evidence — Mode of proof — Imperial Statute — Oaths and Affirmations Act 1835 (5 & 6 Will IV., c. 62), s. 16 — Whether in force in Victoria — Administration and Probate Act 1890 (No. 1060), s. 40 — Rules of the Supreme Court 1906 — Order XXXVIII., r. 6 — Probate and Administration Rules of 1st February 1907, r. 11.
Administration and probate — Administration and Probate Act 1907 (No. 2120), s. 5 — Transfer of Land Act 1890 (No. 1149), s. 193 — Transfer of Land Act 1915 (No. 2740), s. 232 — Executor, removal of — Two executors — Executors of executor — Jurisdiction — Registration of continuing executor under Transfer of Land Act 1890 — Rules of Supreme Court 1909, chap. iii., r. 18a.
Administration and Probate — Administration and Probate Act 1890 (No. 1060), s. 112 — "Property" — Administration and Probate Act 1903 (No. 1815), s. 9 (2) — Settlement — Property comprised therein partly situate in Victoria, partly else-where — Duty payable in respect of what property — Property originally comprised in settlement — Property in Victoria at settlor's death — Procedure by originating summons.
Administration and probate — Will, validity of — Will not executed in conformity with Wills Act — Later valid will — Subsequent codicil executed after later will on back of earlier informal will — Informal will, whether incorporated and validated by codicil — Intention — Probate granted of later will and codicil only.
Administration and probate — Administration and Probate Act 1890 (No. 1060), s. 112 — Administration and Probate Act 1903 (No. 1815), s. 9 (2) — Settlement — Property comprised therein partly situate in Victoria, partly elsewhere — Duty payable in respect of what property — Property originally comprised in settlement — Property in Victoria at settlor's death.
Administration and probate — Practice — Probate — Caveat — Discovery — Discretion of Court to order general discovery — Rules of the Supreme Court 1906, c. 111 (Probate and Administration), r. 32.
Administration and probate — Practice — Commission — Executors — Administrators — Trustees — Passing accounts — Future commission — Form of order — Application ex parte — Application in suit or by originating summons — Duty of trustees as to keeping and passing accounts — Costs — When allowable out of estate — Administration and Probate Act 1915 (No. 2611), s. 34; Supreme Court Act 1915 (No. 2733), s. 18.
Administration and Probate — Probate — Will — Solicitor and client — Gift to solicitor of testatrix — Onus probandi — Independent advice.
Administration and Probate — Authority to trustee company to apply for probate — Withdrawal of authority by consent — Rights of executor — Administration and Probate Act 1915 (No. 2611), s. 7 (1), 8.
Administration and probate — Administration bond — Sureties — Dispensing with — Public Trustee of South Australia — South Australian letters of administration sealed in Victoria — Administration and Probate Act 1915 (No. 2611), ss. 19, 51.
Administration and probate — Administration — Application for — Trustee company — Authority — Next of kin — Person entitled to obtain administration — Person, to whom administration would be granted, of kin of intestate but not entitled to share in estate — Whether such person is one of "next of kin" who may authorize application — The Perpetual Executors and Trustees Association's Act (49 Vict., No. 840), s. 4; Administration and Probate Act 1915 (No. 2611), s. 7 (2).
Administration and probate — Settlement containing trusts or dispositions to take effect after death — Duty — Person taking child of settlor — Half rate "if total value of whole of estate of deceased under 2000l." — "Whole estate of deceased" — Meaning of — Administration and Probate Act 1915 (No. 2611), s. 147, Tenth Schedule, Part III., Clause I. (Proviso).
Administration and probate — Grant of letters of administration — Sureties to bond — Secured creditors — Notice to — Dispensing with sureties — Practice — Administration and Probate Act 1915 (No. 2611), s. 18.
Administration and probate — Probate — Soldier's will — Testator under twenty-one years of age — "Being in actual military service" — Wills Act 1915 (No. 2749), ss. 6, 10.
Administration and probate — Executor's statement — Inclusion of debt or liability — Contingent amount — Request to Commissioner to state Special Case — Refusal — Discretion — Mandamus — Administration and Probate Act 1915 (No. 2611), s. 124.
Administration and probate — English probate — Attorney of English executors — Probate sealed in Victoria — Victorian assets — Application by Victorian executor for leave to pass accounts and for commission — No beneficiary in Victoria — Motion ex parte — Costs of applicant out of estate — Administration and Probate Act 1915 (No. 2611), s. 34.
Administration and probate — Settlement — Duty — Gift to persons in being with limitations to persons who may not be in being at death of settlor — Whether gift inter vivos — Death of settlor within twelve months of settlement — Settlement of proceeds of contract for sale of land in New South Wales — Settlor domiciled and resident in Victoria — Purchaser domiciled and resident in New South Wales — Locality of debt irrelevant — Victorian assets — Administration and Probate Act 1915 (No. 2611), s. 143.
Administration and probate — Administration — All assets believed to have been got in — Assets insufficient to pay creditors in full — Release by creditors — Subsequent discovery of fresh assets — Conflicting claims of creditors and next of kin — Effect of release — Statute of Limitations — Rights of creditors prejudiced by delay of administrator in disclosing discovery of fresh assets — Circumstances in which it would be inequitable to allow administrator to raise the statute or the analogous rule in Equity — Company — Dissolution — Bona vacantia — Rights of Crown — Companies Act 1915 (No. 2631), ss. 22 (2), 230 et seq. — Supreme Court Act 1915 (No. 2733), ss. 79 (1) (d), 85 (4).
Administration and probate — Settlement — Duty — Gift to persons in being with limitations to persons who may not be in being at the death of the settlor — Whether gift inter vivos — Death of settlor within twelve months of settlement — Settlement of proceeds of contract for sale of land in New South Wales — Contract under seal — Contract not under seal — Settlor domiciled and resident in Victoria — Purchaser domiciled and resident in New South Wales — Interests in reversion and remainder — Choses in action — Locality of debt — Whether debt is Victorian asset — Bona notabilia — Administration and Probate Act 1915 (No. 2611), s. 143.
Administration and probate — Letters of administration cum testamento annexo — Sealing English letters of administration — Power of attorney — Verification and authentication — Declaration made before a provincial mayor in England — Sufficiency of such declaration — Practice — Administration and Probate Act 1915 (No. 2611), s. 51.
Administration and probate — Practice — Letters of administration granted by High Court of Justice in England — Production for sealing with seal of Supreme Court — Power of attorney — Authentication — Attestation of execution by commissioner of Supreme Court for taking affidavits — Verification of commissioner's signature, whether necessary — Administration and Probate Act 1915 (No. 2611), Part III. — Evidence Act 1915 (No. 2647), s. 119.
Administration and probate — Practice — Executors and trustees — Administrators — Application to pass accounts and for commission — Application for commission only — Costs — When payable out of estate — Administration and Probate Act 1915 (No. 2611), s. 34 — Supreme Court Act 1915 (No. 2733), s. 18.
Administration and probate — Grant of probate — Attestation in presence of testatrix — Witnesses signing in another room — No evidence that testatrix saw witnesses signing — Wills Act 1915 (No. 2749), s. 7.
Administration and probate — Executor and trustee — Passing accounts — Commission — Order for passing accounts and obtaining commission in the future — Form of order — Costs — Administration and Probate Act 1915 (No. 2611), s. 34.
Administration and probate — Duty — Settlement — General power of appointment — Loan by trustee of settlement on mortgage of land in New South Wales — Trustee and mortgagor domiciled in Victoria — Covenant in deed of extension — Deed in Victoria at death of appointor — Covenant to pay in Melbourne — Covenant "so as to bind lands now mortgaged but not so as to incur any liability otherwise" — Effect — Right of executor of appointor to call for payment in Victoria — Victorian property — Costs of Case stated — Jurisdiction — Administration and Probate Act 1915 (No. 2611), ss. 124, 145.
Administration and probate — Duty — Transfer of land by aged father to sons — Land subject to mortgage — Contract purporting to be sale — Agreement by sons to pay mortgage, sum of money, and annuity to transferor — Undervalue — Knowledge of — Annuity not made payable out of property transferred — Onus of proof — "Purporting to operate as an immediate gift inter vivos" — Meaning of — Duty on whole value of property transferred — Administration and Probate Act 1915 (No. 2611), s. 143.
Administration and probate — Will — Probate — Mutilation — Specific bequest cut out by testatrix — Signature and part of attestation clause removed in so doing — Inadvertence — No intention to revoke — Restoration.
Administration and probate — Widows and young children — Maintenance — Application by widow — Husband and wife living apart under separation deed — Maintenance order by justices not fully enforced — Widow not provided for by will of husband — Discretion of Court — Will not unreasonable or capricious — Administration and Probate Act 1915 (No. 2611), ss. 109, 114.
Administration and probate — Will — Probate — Devises to two sons of allotments described in general terms in written instructions executed as a will — Particulars of volume and folio numbers of certificates of title relating to devises afterwards supplied by testator — Allotments of equal area — Wrong numbers attached to respective devises in will and codicil prepared on instructions and particulars — Mistake — No power in Court of Probate to rectify.
Administration and probate — Practice — Grant of administration — When made — Grant by Registrar — Caveat before issue — Effect — Rights of applicant for administration de bonis non and of executrix of executrix — Administration and Probate Act 1915 (No. 2611), ss. 5, 6, 24, 51.
Administration and probate — Practice — Executors passing accounts — Order for commission — Beneficiary out of Commonwealth — Procedure by originating summons inapplicable — Ex parte application by executors — Costs.
Administration and probate — Administration c.t.a. — Soldier's will — Notes or memoranda showing projected disposition of property — Whether intended to have testamentary effect — Wills Act 1915 (No. 2749), s. 10.
Administration and probate — Duty — Transfer of land by aged father to sons — Land subject to mortgage — Contract purporting to be sale — Agreement by sons to pay mortgage, sum of money, and annuity to transferor — Undervalue — Onus of proof — "Purporting to operate as an immediate gift inter vivos" — Administration and Probate Act 1915 (No. 2611), s. 143.
Administration and Probate — Soldier's will — Will lost or destroyed — Evidence of making will — Declaration by testator as to making and contents.
Administration and probate — Probate — Deceased domiciled in England — Property in Victoria — English will — Not proved in Victoria — Next of kin in Victoria — In possession of assets in — Liability to pay duty — Administration and Probate Act 1915 (No. 2611), s. 125.
Administration and probate — Administration — Administrator out of jurisdiction — Bond — Execution — Attorney under power — Administration and Probate Act 1915 (No. 2611), s. 18.
Administration and probate — Probate duty — Gift of property within 12 months before death of donor — Twelve assignments — Principle upon which duty calculated — Assignments to be valued separately — Assignment of foreign property — Sale — Receipt of proceeds in Victoria prior to donor's death — Whether taxable — Administration and Probate Act 1915 (No. 2611), s. 143.
Administration and probate — Maintenance of widow of deceased person — Will — In favour of testator's sister — No provision for widow — Living apart from husband — Husband subject to mental derangement and cared for by sister — Renunciation of matrimonial obligations — Maintenance out of estate — Administration and Probate Act 1915 (No. 2611), ss. 109, 110.
Administration and probate — Probate — Resealing foreign probate — Executor of deceased executrix — Not entitled to apply — Administration and Probate Act 1915 (No. 2611), s. 51.
Administration and probate — Practice — Probate — Executrix having possession of will neglecting to prove or renounce — Caveat lodged — Application by caveator to compel executrix to bring will into Court — Affidavit in support — Contents of — Probate Rules of 1854 — No caveat, provision for setting forth by affidavit — Whether ultra vires — Administration and Probate Act 1915 (No. 2611), ss. 17, 32.
Administration and probate — Executors — Commission — Individual executor appointed as co-executor with trustee company — Clause in will that individual executor should receive such rate of commission as Court or Chief Clerk shall think fit — Commission fixed by Court payable on same amounts as those upon which trustee company charges commission.
Administration and probate — Administration — Statute of Distributions (22 & 23 Car. II., c. 10) — Intestacy — Murder — Death of intestate caused by intestate's wife — Whether curator of wife's property entitled to share in intestate's estate — Absolute statutory right — Whether qualified by consideration of public policy — Right of children to whole estate.
Administration and probate — Probate — Payment of duty — Person absolutely entitled to interest in land — Voluntary transfer to another person on joint tenancy — Sale of land — Death of transferor — Beneficial interest passing by survivorship — "To the extent of such beneficial interest" — Meaning — How far unpaid proceeds of sale chargeable with duty — Administration and Probate Act 1915 (No. 2611), s. 144.
Administration and probate — Probate — Foreign probate, exemplification of — Copy of foreign probate not contained — Whether necessary — Recital of grant of probate — Whether sufficient — Administration and Probate Act 1915 (No. 2611), ss. 50, 51.
Administration and probate — Probate — Execution of will — Printed form — Incomplete sentence followed by testator's signature and attestation clause on first page — Sentence completed on third page of double sheet, which also contained other testamentary provisions — Third page unsigned — Whether will executed "at the foot or end thereof" — Wills Act 1915 (No. 2749), ss. 7, 8.
Administration and probate — Administration — Priority — Crown debt — Estate of intestate insufficient to pay debts in full — Debt due to Government of Victoria in respect of purchases of wheat by intestate from Minister of Agriculture — Whether Crown debt — Practice — Costs — Representative defendant to originating summons — Costs disallowed — Order LXV., r. 14 (A) — Wheat Marketing Act 1915 (No. 2812) as amended by Wheat Marketing Act 1917 (No. 2917).
Administration and probate — Probate duty — Public charitable bequest — Assets of testator in New South Wales and Victoria — Gift to charities in Victoria — Whether duty deductible from Victorian assets — No direction in will to pay legacies out of Victorian assets — No circumstances requiring such payment — Administration and Probate Act 1915 (No. 2611), ss. 128, 130.
Administration and probate — Probate duty — Gift of property within twelve months before death of donor — Several gifts — Principle on which duty calculated — Gifts to be valued separately — Administration and Probate Act 1915, ss. 122, 128, 143.
Administration and probate — Probate — Execution of will — Printed form — Document partly printed and partly in testator's handwriting — Dispositive provisions ending in incomplete sentence followed by testimonium clause, testator's signature, and attestation clause on first page — Second page blank — Sentence completed on third page of double sheet, which also contained other dispositive provisions — Third page unsigned — What presumptions legitimate as to testamentary writing being on paper at time of signature — Whether will executed "at the foot or end thereof" — Wills Act 1915 (No. 2749), ss. 7, 8.
Administration and probate — Practice — Probate — Caveat — Discovery — Application in regard to particular documents — Supported by affidavit — Application subsequent to return of order nisi — Jurisdiction to order discovery — Extent of order — Evidence Act 1915 (No. 2647), s. 89 — Rules of the Supreme Court 1916, Chapter I. (Civil Proceedings), Order XXXI., rr. 12, 19A (3); Chapter III. (Probate), rr. 32, 35.
Administration and probate — Administration — Estate duty — Property forming subject of gift inter vivos — Duty on — Liability of executor — Executor's right to recoup — Charge by Crown over property given — Subrogation of executor — Estate Duty Assessment Act 1914 (No. 22 of 1914), ss. 8 (1), 8 (4) (a), 34, 35 — Estate Duty Act 1914 (No. 25 of 1914), s. 3.
Administration and probate — Administration — Emblements — Will — Growing crop at testator's death on land devised — Residuary gift — Share-farming agreement — Whether devisee or residuary beneficiaries entitled.
Administration and probate — Executor, removal of — Summary proceedings — "Unfit," meaning of — Executor's neglect or disregard of duty — Administration and Probate Act 1915 (No. 2611), s. 8 (1) (c) — Trusts Act 1915 (No. 2741), s. 14 (1).
Administration and probate — Probate granted in England — Sealing probate in Victoria — Form and contents of exemplification — Copy of will — Special order where certified copy of will lodged in prior proceedings — Administration and Probate Act 1915 (No. 2611), s. 51.
Administration and probate — Revocation of probate — Existing grant — Living executor — Right of Curator of Estates of Deceased Persons to apply for revocation and administration pendente lite — Administration and Probate Act 1915, ss. 65, 68, 69; Imperial Acts Application Act 1922 (No. 3270), ss. 18, 20.
Administration and probate — Administration — Distribution of assets — Proprietary claim to portion of assets — Whether claim "against the estate" — Extension of time — Discretion of Court to make order — Trusts Act 1915 (No. 2741), s. 31 (3).
Administration and probate — Testator leaving property in Victoria — Will not disposing of any property in Victoria — Probate, when Court will grant — Sealing exemplification of foreign probate — Whether Court has discretion — Administration and Probate Act 1915, ss. 5, 51.
Administration and probate — Will — Execution — Attestation — Will made by testator on printed form — Signed on first and second pages — Attestation only on first page, whether will sufficiently attested — Wills Act 1915 (No. 2749), s. 7.
Administration and probate — Administration — Executor and trustee — Commission — Provision in will — Rate of commission upon income fixed — Accompanied by declaration that a specified executor should be entitled to a specific sum as commission on corpus — Whether other executors entitled to commission on corpus — Administration and Probate Act 1915 (No. 2611), s. 34.
Administration and probate — Administration — Duties on deceased persons' estates — Interest of deceased in third person's estate — Subject to life annuity — Death of annuitant pending final assessment of value of interest — Valuation of interest, method of — Valuation of annuity — Whether fact of annuitant's death should form basis of assessment — Administration and Probate Act 1915 (No. 2611), ss. 122, 124.
Administration and probate — Administration — Duties on deceased persons' estates — Interest of deceased in third person's estate — Subject to life annuity — Death of annuitant pending final assessment of value of interest — Valuation of interest, method of — Valuation of annuity — Whether fact of annuitant's subsequent death pending final assessment of value of deceased's interest relevant to assessment — Administration and Probate Act 1915 (No. 2611), ss. 122, 124, 128.
Administration and probate — Administration — Will — Disappearance of legatee in testator's lifetime — Unmarried — No evidence of death — Lapse of over 40 years — Presumption of death unmarried in testator's lifetime — Facts raising presumption — Leave granted to distribute estate on that footing.
Administration and probate — Provision for maintenance of widow out of estate, application for — Time fixed by Act — Summons "taken out" after six months from date of probate — Court has no jurisdiction to amend — "Actus curi neminem gravabit" — Administration and Probate Act 1915 (No. 2611), ss. 109, 110, 117.
Administration and probate — Will — Execution — Attestation — Will made by testatrix on printed form — Signed on first and third pages — Second page blank — Attestation only on first page, whether sufficient — Wills Act 1915 (No. 2749), s. 7.
Administration and probate — Bond — Dispensing with sureties — Application for order — Consent of beneficiaries — Form of — Administration and Probate Act 1915 (No. 2611), s. 19.
Administration and probate — Practice — Costs — Executors and trustees — Passing accounts — Commission — Costs of proceedings before Chief Clerk — Costs of future applications — Liberty, in absence of objection, to Chief Clerk to allow and certify to costs of passing accounts.
Administration and probate — Will — Execution — Signature by testator and two witnesses — No formal attestation clause — Presumption of due execution — Wills Act 1915 (No. 2749), s. 7.
Administration and probate — Probate — Validity of will — Will drawn by legatee — Capacity of alleged testator — Volition — Knowledge of contents — Uncorroborated evidence of legatee — Onus of proof, whether discharged — Absence of persons having claims on testator's bounty — Effect.
Administration and probate — Probate duty — Assessment — Gift inter vivos — Value of property given — Value at death of donor assessable — Administration and Probate Act 1915 (No. 2611), s. 143 — Administration and Probate Act 1921 (No. 3154), s. 2.
Administration and probate — Practice — Scandalous or defamatory words — Omission from probate.
Administration and probate — Failure of executrix to prove or to renounce probate — Only assets land alienated by testator by assignment impeachable under 13 Eliz., c. 5 — Grant of administration c.t.a. to creditor — Creditor a corporation — Grant to syndic — Syndic an officer of creditor — Administration and Probate Act 1915 (No. 2611), s. 32.
Administration and probate — Practice — Foreign will — Sealing exemplification — Power of attorney — Terms of — Whether sufficient authority — Administration and Probate Act 1915 (No. 2611), ss. 51, 54, 55.
Administration and Probate — Will — Execution — Position of signature — Signature indorsed on document — Whether at or opposite to end — Intention to give effect by signature to writing as will — Wills Act 1915 (No. 2749), ss. 7, 8.
Administration and probate — Practice — Contested will — Application by propounders for interrogatories — Jurisdiction to order — Rules of the Supreme Court, Order XXXI., r. 1 — Probate Rules 1916, rr. 32, 35.
Administration and probate — Executor — Commission — Whether commission allowable in respect of land which remains unconverted until conveyed to beneficiary — Transfer of land to beneficiary — Executorial function — Death of executor — Duty of his executor — Administration and Probate Act 1915 (No. 2611), sec. 34.
Practice — Proceedings before Chief Clerk — Application to take opinion of Judge on matter arising in the proceedings — Functions of Judge — Rules of Supreme Court 1916, Order LV., r. 69.
Administration and Probate — Administration — Power of administrator to concur in a partition — Trustee Act 1928 (No. 3792), sec. 57.
Administration and probate — Will — Foreign company appointed executor — Grant of administration c.t.a. to syndic — Syndic not in Victoria — Administration and Probate Act 1928 (No. 3632), ss. 5, 51.
Administration and probate — Sealing of foreign probate — Revocation of foreign grant — Revocation of sealing — Administration and Probate Act 1928 (No. 3632), sec. 81.
Administration and probate — Will — Execution — Acknowledgment — Wills Act 1928 (No. 3808), sec. 7.
Administration and Probate — Executor propounding will — Caveat — Probate granted — Executor's costs of litigation — Appeal as to costs — Supreme Court Act 1928 (No. 3783), sec. 39 — Order LXV., r. 1.
Administration and Probate — Letters of administration — Infant next-of-kin — Grant of letters of administration to guardian during minority of infant and until he applies for and receives grant — Probate and Administration Rules, r. 14.
Administration and Probate — Probate practice — Caveat — Order nisi — Withdrawal of caveat after service of order nisi — Non-appearance of caveator to show cause — Costs — Administration and Probate Act 1928 (No. 3632), sec. 55.
Administration and probate — Will — Execution — Position of signature — Signature indorsed on document — Intention to give effect by signing to writing as will — Wills Act 1928 (No. 3803), secs. 7, 8.
Administration and probate — Practice — Probate — Caveat — Order nisi for probate — Intervention by beneficiary.
Administration and Probate — Duties on deceased persons' estates — Settlement containing trusts and dispositions to take effect after death of settlor — Life insurance policy for benefit of wife — Administration and Probate Act 1915 (No. 2611), secs. 118 (2), 147.
Life insurance — Policy expressed to be for the benefit of the wife of the assured — Extent of wife's interest — Married Women's Property Act 1915 (No. 2692), sec. 14 (2).
Administration and probate — Will — Document containing no disposition of property and no appointment of an executor.
Administration and probate — Will — Execution — Signature at end of dispositive provisions and above appointment of executors — Wills Act 1928 (No. 3803), secs. 7, 8.
Administration and probate — Probate — Sealing of foreign probate — Grant by Court in United Kingdom — Northern Ireland — Administration and Probate Act 1928 (No. 3632), sec. 81.
Administration and Probate — Will — Construction — Application of assets — Payment of legacies — Administration and Probate Act 1928 (No. 3632), Second Schedule, Part II., cl. 2.
Administration and probate — Insolvent estate — Administration in bankruptcy — Policies of life assurance or endowment — Accident policy — Protection from creditors — Bankruptcy Act 1924-1932, sec. 91 (b) — Companies Act 1928 (No. 3659), sec. 476 (4).
Administration and probate — Will — Execution — First page alone executed — Incorporation of other pages — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Widows and young children — Maintenance — Orders made — Jurisdiction to make further order — Administration and Probate Act 1928 (No. 3632), sec. 145.
Administration and probate — Removal of executor — "Unfit" to act — Default in paying beneficiaries — Administration and Probate Act 1928 (No. 3632), sec. 29 (1).
Administration and Probate — Duty on deceased persons' estates — Settlement by joint owners — Administration and Probate Act 1928 (No. 3632), sec. 177.
Administration and probate — Grant of probate — Caveat — Caveat lodged after grant but before issue of letters of administration — Procedure — Interest of caveator — Administration and Probate Act 1928 (No. 3632), secs. 7, 52.
Charity — Gift by will to named institution — Institution closed — Remnant of assets held by trustees — Cy-prs — Lapse.
Administration and probate — Administration of assets — Partial intestacy — Lapse — Incidence of debts, legacies and testamentary expenses — Administration and Probate Act 1928 (No. 3632), sec. 33.
Administration and probate — Application for probate — Practice — Codicil not duly executed — Infant beneficiaries — Examination of attesting witnesses.
Administration and probate — Probate "granted" by Registrar — Caveat lodged subsequently, but before issue — Procedure — Administration and Probate Act 1928 (No. 3632), secs. 7, 52-55.
Administration and probate — Will — Dependent relative revocation — Destruction by testatrix with intention to revive earlier will — Declaration of intention not contemporaneous — Wills Act 1928 [No. 3803], secs. 18 (4), 20.
Administration and probate — Executors' commission — Legacy in lieu of — Failure of legacy — Allowance of commission — Special circumstances.
Administration and probate — Document propounded as a will — No description of subject of disposition — No appointment of executor.
Administration and probate — Will — Execution — Signature — Part of an initial letter only — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Administration of assets — Marshalling — Apportionment of debts — Mortgage of life policy and land — Second mortgage of land — Policy moneys not assets for payment of debts — Assets insufficient to pay unsecured creditors — Priority and incidence of funeral and testamentary expenses, duties and taxes — Companies Act 1928 (No. 3659), sec. 476 (3).
Administration and probate — Letters of administration — Sealing of foreign letters — Grant by Court in United Kingdom — Irish Free State — Grant by Victorian Court — Administration and Probate Act 1928 (No. 3632), sec. 81 — Supreme Court Act 1928 (No. 3783), sec. 17.
Administration and Probate — Administration of assets — Life assurance policy — Policy moneys not assets for payment of debts — Equitable obligations — Companies Act 1928 (No. 3659), sec. 476 (3).
Administration and Probate — Executor — Person appointed incapable of understanding or carrying out duties — Citation to take out probate — Service — Administration and Probate Act 1928 (No. 3632), sec. 12 (1) (b).
Administration and Probate — Expenses of administering will — Share of residue to bear — State probate duty — Administration and Probate Act 1928 (No. 3632), secs. 162, 163.
Administration and probate — Application for grant — Application referred to Court — Grant of administration c.t.a. — Caveat lodged after grant but before issue — Administration and Probate Act 1928 (No. 3632), sec. 52.
Administration and Probate — Summons to executor to file statement for duty — Service out of jurisdiction — Setting aside order made on summons — Administration and Probate Act 1928 (No. 3632), sec. 155 — Service and Execution of Process Act 1901-1931 (No. 11 of 1901 — No. 45 of 1931), sec. 11 (1).
Administration and probate — Executor's Commission — Trustee company carrying on testator's business — Whether commission chargeable on gross receipts, gross profits or net profits — Trustee Companies Act 1928 (No. 3793), sec. 17.
Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Husband and wife living apart under separation deed — Covenant by wife not to make application — Discretion of Court — Administration and Probate Act 1928 (No. 3632), secs. 139, 143, 144 (1).
Administration and Probate — Practice — Executor — Application for leave to pass accounts — Managing clerk of executor's solicitor acting as solicitor for beneficiaries — Costs.
Administration and probate — Caveat tendered after grant by Court but before issue — Registrar to reject — Procedure on failure to reject — Administration and Probate Act 1928 (No. 3632), sec. 52.
Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Distressed circumstances of widow — Matters to be considered by Court — Costs of unsuccessful application — Administration and Probate Act 1928 (No. 3632), sec. 139.
Administration and Probate — Duties on deceased persons' estates — Shares in proprietary company — Restrictions on transfer — Powers of governing director — Valuation of shares — Administration and Probate Act 1928 (No. 3632), sec. 152.
Administration and Probate — Duties on deceased persons' estates — Joint property — Acquired by purchase — Beneficial interest passing by survivorship — Liability to duty — Administration and Probate Act 1928 (No. 3632), sec. 174.
Administration and Probate — Duties on deceased persons' estates — Joint property — Acquired by purchase — Beneficial interest passing by survivorship — Liability to duty — Administration and Probate Act 1928 (No. 3632), sec. 174.
Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Matters to be considered by Court — Refusal of application — Appellate Court's discretion — Administration and Probate Act 1928 (No. 3632), sec. 139.
Administration and Probate — Duties on deceased persons' estates — "Gift of personal property" — Money — Whether identifiable on donor's death — Expenditure by donor — Dutiability — Administration and Probate Act 1928 (No. 3632), sec. 173.
Administration and Probate — Statement for duty — Summons to file — Directed to executor de son tort — Whether such an executor may be called upon — Administration and Probate Act 1928 (No. 3632), sec. 155.
Administration and probate — Notice of intention to apply for letters of administration of deceased estate duly advertised — Application refused — Power of Court to grant probate of deceased's will without further advertisement — Rules of the Supreme Court 1916, Order LXX., r. 1; Probate Rules, rr. 4, 15, 35.
Administration and Probate — Probate and Estate duties on property the subject of a general power of appointment — Direction to pay out of residue "State and Federal duty payable upon the estates of deceased persons" — Duties directed to "be paid out of my estate in gross so as not to be specifically charged or apportioned against beneficiaries" — Whether appointed property should bear proportion of duties — Administration and Probate Act 1928 (No. 3632), secs. 163, 175 — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 — No. 47 of 1928), secs. 8 (3), 35, 35A.
Administration and Probate — Caveat — Compromise of proceedings — Grant of probate — Executor desiring to be discharged — Appointment of trustee company as administrator c.t.a. upon terms and conditions — Administration and Probate Act 1928 (No. 3632), sec. 29.
Administration and Probate — Family maintenance — Testamentary provision therefor — Adequacy for proper maintenance and support — Jurisdiction of Court to make provision out of testator's estate — Discretion — Principles of exercise — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.
Administration and Probate — Practice — Caveat — More than one lodged — Whether separate orders nisi should be granted — Administration and Probate Act 1928 (No. 3632), sec. 53.
Administration and probate — Duties on deceased person's estates — Devise and bequest of residue subject to payment of debts, funeral and testamentary expenses and all State and Federal probate, succession, death and other duties — Whether estate duty payable solely out of residue — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 — No. 47 of 1928), sec. 35.
Administration and probate — Probate of Will — Objections to probate — Particulars of objection — Testamentary incapacity as a result of delusions — Undue influence — Fraud — Person preparing will receiving benefit thereunder — Rules of Supreme Court 1938, Ch. III., rr. 31, 32.
Administration and Probate — Family maintenance — Application by widower and grown-up son and daughter for provision out of testatrix's estate — Widower a war pensioner and invalid — Assisting testatrix to amass estate — Widower and daughter barely possessing means of subsistence — Son leaving employment to join Australian Imperial Force — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.
Administration and probate — Testator's family maintenance — Whether power to order life interest in real estate — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).
Administration and probate — Executors' commission — Will providing commission payable as provided by law in respect of trustee companies — Whether legacy of lump sum to executor — Whether commission payable only if work is actually done — Commission to substituted executors.
Administration and probate — Estate duty — Property forming subject of charitable gifts — Duty on — Upon what part of estate to be apportioned by executor — Estate Duty Assessment Act 1914-1928 (No. 22 of 1914 No. 47 of 1928), secs. 8, 16, 29, 32, 34-37.
Administration and probate — Estate fully administered — Several beneficiaries entitled to residue in remainder — Whether any interest in individual assets forming part of estate — Mortgages on real estate — Whether movables.
Administration and probate — Administration of estate — Two hotels both subject to same mortgage debt — First hotel devised subject to payment of mortgage moneys — Second hotel part of residue — Specific devise of other property free from payment of any mortgages thereon — Whether first hotel charged with payment of the whole of the mortgage moneys thereon — Administration and Probate Act 1928 (No. 3632), sec. 35.
Administration and probate — Summons to executor to prove will — Power of Court on return of summons — Power to grant administration with the will annexed — Formal renunciation of probate by executor not filed in Court — Administration and Probate Act 1928 (No. 3632), sec. 11.
Administration, and Probate — Caveat — Interest of caveator — Bankruptcy of caveator — Security for costs — Bankruptcy Act 1924-1933 (No. 37 of 1924-No. 66 of 1933), secs. 60, 91 — Administration and Probate Act 1928 (No. 3632), sec. 52.
Administration and probate — Summons to executor to prove will — Return of summons — Grant of administration with will annexed — Whether made by Court or Registrar of Probates — Administration and Probate Act 1928 (No. 3632), sec. 11.
Administration and probate — Administration bond — Dispensing with surety — Interest of infants — Dispensation refused — Limitation of amount of surety.
Administration and probate — Will naming particular individual as executor — Mistake of testator as to name — Intention to appoint some other person executor — Extrinsic evidence of intention inadmissible — Wills Act 1928 (No. 3803), sec. 7.
Administration and Probate — Family maintenance — Testamentary provision therefor — Application by widow for provision out of testator's estate — Intestacy as to part of estate — Court to have regard to the whole estate in considering application and fixing amount of any provision made — Order made to be limited to assets disposed of by will — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 7, Schedule.
Administration and probate — Abatement of assets — Specific devises and bequests becoming liable for payment of debts — Bequest of shares charged with payment of annuity — Valuation of bequest for purposes of abatement — Whether annuity charged on specifically bequeathed shares liable to abate with specific devises and bequests — Administration and Probate Act 1928 (No. 3632), Second Schedule.
Administration and probate — Will — Admission to probate — Duplicate copies of will — Testator signing both copies — Witnesses each signing separate copies — Both copies admitted to probate — Wills Act 1928 (No. 3803), secs. 7, 8.
Administration and probate — Probate of will — Signature at foot or end of will — Printed form — Dispositive provisions contained on first page which was duly executed — Further provisions on unsigned second page — Whether whole document should be admitted to probate — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Administration of assets — Alimony charged on "estate" — Whether life policy moneys subject to charge — Whether charge enforceable — Mode and priority of payment where estate insolvent — Administration and Probate Act 1928 (No. 3632), sec. 34(1); Second Schedule — Companies Act 1938 (No. 4602), sec. 554.
Administration and probate — Inquiries as to next of kin — Reference to chief clerk — Form of order where inquiries previously made.
Administration and Probate — Will — Appointment of general executors — Testator a trustee of an estate — Separate appointment of executors of the trust estate — Form of grant of probate.
Administration and probate — Practice — Executors seeking probate of earlier will — Later will allegedly invalid — Notice to beneficiary under later will — Directions for trial of issue of validity of such will.
Administration and Probate — Executor's Commission — Trustee company's right to commission on income — Meaning of "income" — Trustee Companies Act 1928 (No. 3793), sec. 17.
Administration and probate — Maintenance — Order for support of children — Arrears owing at death of defendant — Whether a debt or liability executor under a duty to pay.
Administration and probate — Will — Beneficiary signing as witness — Share undisposed of — Closer settlement lease — Purchase money owing to establish freehold right — Whether testator's real estate or undisposed of part of testator's estate primarily liable for balance of purchase money — Intestacy — Division between widow and daughter — Whether daughter liable to bring share in testator's estate into hotchpot — Probate and Estate duty — Fund from which payable — Meaning of "residue" — Administration and Probate Act 1928 (No. 3632), secs. 34, 35, 47 (1)(f), 48 (a), 163 — Closer Settlement Act 1938 (No. 4597), secs. 22, 23, Second Schedule — Estate Duty Assessment Act 1914-1944, sec. 35 et seq.
Administration and probate — Will — Annuity to widow — Surplus income "subject to annuity" disposed of to son — Insufficient income to pay annuity — Whether arrears of annuity payable out of future income.
Administration and probate — Will appointing "the Salvation Army" as executor and bequest thereto — Grant of letters of administration with the will annexed to The Salvation Army (Victoria) Property Trust — Salvation Army (Victoria) Property Trust Act 1930 (No. 3896), sec. 18.
Administration and probate — Administrator ad litem — Action in a County Court — Jurisdiction to appoint administrator to defend action — County Court Act 1928 (No. 3663), sec. 87 (6) — Rules of Supreme Court 1938, Order XVI., rule 46.
Administration and probate — Will of soldier in actual military service — Application for probate — Completed document in handwriting with testator's Christian name incorrect but identification proved — Unsigned and unattested — Death of testator and draughtsman — Wills Act 1928 (No. 3803), sec. 10; Wills (War Service) Act 1939 (No. 4684), sec. 2.
Administration and Probate — Will — Grant of administration c.t.a. — Testator's signature in attestation clause — Witnesses unable to remember signing by testator — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Widow's maintenance — Applicant's moral claim, on testator — Widowhood prim facie proof of such moral claim — Character or conduct of applicant — Burden of proof of lack of character or conduct on those resisting application — Administration and Probate Act 1928 (No. 3632), Part V.
Administration and probate — Assets of testator difficult to realise — Postponement of conversion — Interest and other expenses incurred for preservation of property — Whether to be recouped from income from investments after conversion.
Administration and probate — Will — Construction — Printed form — Marginal instructions — Admitted to probate as part of will — Executors — Alternative appointment — Whether void for uncertainty.
Administration and probate — Will — Representative of Australian Red Cross Society with the army — Will made in army hospital — Whether "being in actual military service" — Wills Act 1928 (No. 3803), sec. 10 — Wills (War Service) Act 1939 (No. 4684), sec. 2.
Administration and probate — Limited grant — To represent estate in contemplated action and to enforce indemnity — Supreme Court Act 1928 (No. 3783), sec. 17 — Administration and Probate Act 1928 (No. 3632), secs. 16, 66, 170 — Survival of Actions Act 1942 (No. 4918), sec. 3 — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 12.
Administration and probate — Intestacy — Estate less than 1,000l. — Child of intestate adopted — Rights of intestate's widow — Bona vacantia — Adoption of Children Act 1928 (No. 3605), sec. 7 — Administration and Probate Act 1928 (No. 3632), secs. 45, 46, 47 — Statute Law Revision Act 1933 (No. 4191), sec. 2, Schedule.
Administration and probate — Will — Testator's family maintenance — Application within six months of grant of probate — Application out of time — Onus on applicant to show circumstances justifying enlargement of time — Administration and Probate Act 1928 (No. 3632), Part V., sec. 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6.
Administration and probate — Will — Originating summons — Deaths of two persons occurring about the same time — Evidence of survivorship — Presumption of survivorship — Property Law Act 1928 (No. 3754), sec. 184.
Administration and probate — Will not forthcoming at date of death — Whether destroyed animo revocandi — Later document purporting to be will — Not executed in accordance with Wills Act — Dependent relative revocation.
Administration and probate — Will — Testator possessed of land settlement leases — Payments to be made thereunder to establish freehold right — Specific devises of testator's "estate and interest" in lands subject to leases — Liability to make payments falling due after testator's death — Whether to be borne by specific devisees or testator's general estate — Administration and Probate Act 1928 (No. 3632), sec. 35.
Administration and Probate — Advancement of beneficiaries — Powers of trustee — Purchase of dwelling-house — Payment out of corpus — Trustee Act 1928 (No. 3792), secs. 32, 57.
Administration and probate — Limited grant — To represent estate in contemplated action and to enforce indemnity — Supreme Court Act 1928 (No. 3783), sec. 17 — Administration and Probate Act 1928 (No. 3632), secs. 16, 66, 170 — Survival of Actions Act 1942 (No. 4918) — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 12.
Administration and probate — Will lost since death of testator — Application for probate — Whether notice to next-of-kin required.
Administration and probate — Will — Evidence — Statement in document written by testator — Admissible as tending to prove document propounded is not testator's will — Evidence Act 1946 (No. 5183), sec. 3.
Practice — Costs — Failure of propounder to prove document is will of testator — No power to order costs against person not a party to action — Rules of Supreme Court 1938, Order LXV, rr. 1, 14D.
Administration and probate — Will — Intention of testator — Undischarged mortgage on land devised — Gift of residue subject to payment of "all my just debts" and "all other charges" — Charges to be paid primarily out of property charged — Whether contrary or other intention signified — Administration and Probate Act 1928 (No. 3632), sec. 35.
Administration and Probate — Testator's family maintenance — No provision made by testator for adult daughter living apart from parents and supporting herself — Application by daughter for provision out of testator's estate — More consideration to be given to applicant in case of adult daughter than in case of adult son — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.
Administration and probate — Maintenance of child — Order for weekly payments contained in decree nisi for divorce — Arrears owing at death of father — Whether estate liable to pay — Supreme Court Act 1928 (No. 3783), sec. 173 — Administration and Probate Act 1928 (No. 3632), sec. 33 (2).
Administration and Probate — Testator's family maintenance — Moral claim of applicant on testator — Declaration of testator — Discretion of primary Judge — Disparity between amount ordered and appellate Court's view as to amount which should be ordered — Review of discretion — Administration and Probate Act 1928 (No. 3632), Part V — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.
Administration and probate — Will — Soldier — Killed on active service — Oral statements — Whether expression of final intention — Not necessary to show deceased knew he was making a will — Wills Act 1928 (No. 3803), sec. 10 — Statute Law Revision Act 1933 (No. 4191), sec. 2 — Wills (War Service) Act 1939 (No. 4684), sec. 2.
Administration and probate — Testator's family maintenance — "Children" — Retroactive operation of repeal of definition of "children" — Application by children more than six months after grant of letters of administration — Extension of time for making application — Power of Court — Administration and Probate Act 1928 (No. 3632), Part V, secs. 138, 139, 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 6.
Administration and probate — Revocation of probate — Original grant obtained by fraud — Escheat to Crown — Application for revocation — Procedure.
Administration and probate — Testator's family maintenance — Order made — Liberty to apply — Jurisdiction to make further order — Administration and Probate Act 1928 (No. 3632), sec. 145 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).
Administration and probate — Passing executor's accounts — Procedure by originating summons — Whether still available — Administration and Probate Act 1928 (No. 3632), sec. 59 — Administration and Probate (Amendment) Act 1948 (No. 5277), sec. 5.
Administration and probate — Testator's family maintenance — Husband's moral duty to make provision for widow — Character or conduct of applicant disentitling her to provision — Testator's suspicions as to widow's conduct unjustified — Duty of Court to determine whether such suspicions justified or not — Administration and Probate Act 1928 (No. 3632), Part V, secs. 139, 144 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.
Administration and probate — Will — Omission of words from probate copy — Jurisdiction — Deletion of scandalous words.
Administration and probate — Maintenance of wife — Order made in another State made enforceable in Victoria — Arrears owing at death of deceased — Whether a debt or liability executor under a duty to pay out of deceased's Victorian estate — Maintenance Act 1928 (No. 3722), Part IV, Division 3.
Administration and probate — Probate "granted" by Registrar — Parchment not issued — Change of name of executor company — Powers — Practice — Administration and Probate Act 1928 (No. 3632), sec. 7 — Trustee Companies Act 1928 (No. 3793), sec. 3 — Companies Act 1938 (No. 4602), secs. 3, 19, 316.
Administration and Probate — Will — Execution — Whether acknowledgment by testator of his signature "in the presence of" both witnesses required — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Will — Revocation — Unauthorised act of destruction — Possibility of ratification — Wills Act 1928 (No. 3803), sec. 18.
Administration and probate — Appointment of administrator ad litem — To represent estate in contemplated action and to enforce indemnity — Necessity for notice of application — Supreme Court Act 1928 (No. 3783), sec. 17 — Probate and Administration Rules 1939, rules 3, 17, 38, 39.
Administration and Probate — Family maintenance — Application by widow — Value of testator's estate — Estate including immovable assets outside the jurisdiction — Determination of such assets — Evidence taken of testator's reasons for excluding applicant — Onus on opponent to negative moral claim — Matters taken into consideration for reducing provision — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 4, 5, 6 — Administration and Probate Act 1928 (No. 3632), Part V, secs. 139, 140 (2), 142, 143, 145.
Administration and probate — Maintenance — Order for support of wife and child — Arrears owing at death of defendant — Whether a debt or liability executor under a duty to pay.
Administration and probate — Will — Caveat — Practice — Particulars of objection — Whether further particulars may be ordered — Rules of Supreme Court 1938, ch. III, rr. 31, 32.
Administration and probate — Testator's family maintenance — Application for — "No application shall be heard by the Court . . . unless application is made within six months after date of grant" — Meaning — Administration and Probate Act 1928 (No. 3632), Part V, sec. 147 — Administration and Probate Act 1937 (No. 4483), sec. 6.
Practice — Time — Within which to make application — Application to be made within six months after date of grant of probate — What constitutes making of application.
Administration and probate — Will — Execution — Signature by testator and two witnesses — Presumption of due execution — Conflict of testimony by witnesses to will — When presumption becomes operative — Wills Act 1928 (No. 3803), sec. 7.
Administration and probate — Will — Codicil — Revocation — Second codicil conditional on beneficiary predeceasing testator but otherwise in identical terms with first codicil and confirming will — Whether first codicil revoked — Admission of will and second codicil to probate — Practice — Service of notice of motion for probate on interested beneficiaries likely to be affected by motion.
Will — Construction — Gift to four named nephews — No contingency annexed to gift — Whether beneficiaries take as individuals — Or as a class.
Administration and probate — Will — Share of residue undisposed of — Whether pecuniary legacies to be paid thereout — Administration and Probate Act 1928 (No. 3632), secs. 33, 34.
Administration and probate — Testator's family maintenance — Practice — Application for further provision out of estate — Procedure where problems of construction or administration arise — Application to be adjourned — Pending determination of problems in appropriate proceedings — Administration and Probate Act 1928 (No. 3632), Part V.
Administration and probate — Testator's family maintenance — Order made — Provisions in will supplanted not supplemented — Application to vary order — Who may apply — Variation to increase benefit under order — Jurisdiction — Administration and Probate Act 1928 (No. 3632), sec. 145 (6) — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483).
Administration and probate — Grant of letters of administration obtained by fraud — Death of grantee — Application for revocation of grant and for fresh grant of administration — No administration of estate by original grantee — Whether Court should revoke original grant or make grant to fresh applicant — Letters of administration de bonis non granted.
Evidence — Ex parte motion — Inadmissible evidence — Whether Judge should reject from his consideration such evidence if it is not irrelevant nor prohibited by any absolute rule of law.
Administration and probate — Alleged revocation of earlier by later will — Later will missing — Proof of contents by testamentary drafts and statements by deceased's solicitor — Sufficiency of proof of contents and revocation.
Administration and probate — Testator's family maintenance — Application to extend time within which to apply for further provision out of estate — So-called "manifest injustice" which would be incurred by applicant if extension not granted — Whether a proper matter for Court's consideration — Lapse of three and a half years from grant of probate before application for extension — Whether delay excusable.
Administration and probate — Testator's Family Maintenance — Application for maintenance to be made "within six months after the date of the grant of probate" — Application made within six months of date of issue of probate to executors but more than six months after endorsement of "grant" on praecipe for probate by Registrar of Probates — Whether application made in time — Administration and Probate Act 1928 (No. 3632), sec. 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6.
Administration and probate — Practice — Proof of will in solemn form — After grant of probate — On application by executor.
Public Trustee — Advice to — Addition to advice — Public Trustee Act 1939 (No. 4654), sec. 63.
Administration and probate — Payment of legacies and annuities — Where lapsed share of residue — Whether payment to be made out of lapsed share or general residuary estate — Intestacy arising only after death of life tenant — Administration and Probate Act 1928 (No. 3632), secs. 4, 33, 34.
Administration and probate — Probate duty — "Gift inter vivos" — "Settlement" — Meanings thereof — Property forming part of deceased person's estate — Deed of settlement vesting assets in trustees — "Non-testamentary disposition of property" — Whether disposition creates beneficial interest — Whether "gift inter vivos" or "settlement" — Character of disposition — Whether to take effect on death — Ascertainable as soon as made — Administration and Probate Act 1928 (No. 3632), sec. 177; Administration and Probate (Estates) Act 1951 (No. 5590), secs. 2 (1), 4 (1) (d), (h), 11.
Administration and probate — Will — Document consisting of two sheets of paper unattached — Dispositive clauses on one sheet signed by deceased — Second sheet of paper containing attestation clause and signatures of two witnesses — Whether both sheets of paper together constitute the will of the deceased — Whether probate should be granted.
Administration and probate — Testator's family maintenance — Married daughter — Circumstances in which discretion will be exercised in her favour — Relevance of husband's means and ability to support her and their prospects in life — Whether date of death or date of application relevant time in considering needs of applicant — Whether trial judge exercising discretion — Administration and Probate Act 1928 (No. 3632), Part V, sec. 137 — Administration and Probate Act 1937 (No. 4483).
Administration and probate — Will — Document consisting of three sheets of paper unattached — First and second sheets of paper containing dispositive clauses signed by testator and two witnesses — Third sheet of paper containing only the date of the will, the attestation clause and signatures of the testator and the two witnesses — Whether the three sheets of paper together constituted the will of the deceased — Whether probate thereof should be granted.
Administration and probate — Dispensation of sureties to administration bond — Application for dispensation by Public Trustee of South Australia — Whether beneficiaries or next of kin should be notified of the application.
Administration and probate — Will — Document consisting of printed will form with additions in manuscript — Witnesses' signatures appear on first page of document at the foot of the attestation clause and on third page of the document — Document not signed by testator in the presence of the witnesses — Whether acknowledgment of testator's signature — Whether name of testator in attestation clause and on third page of the document was intended as a signature — Whether writing in the document written before or after witnesses signed their names — Whether probate should be granted — Wills Act 1928 (No. 3803), sec. 8.
Administration and probate — Will — Disappearance of legatee more than seven years before testator's death — Distribution of estate — Whether legatee survived testator — Onus of proof — Form of order.
Administration and probate - Testator's family maintenance - Large estate - Provision for child - Whether aliquot portion of estate or specified sum should be awarded - Administration and Probate Act 1928 (No. 3632), s139 - Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4482), s3.
Administration and probate - Probate duty - Gift duty - Gift inter vivos - For religious purposes - Exemption from duty - Administration and Probate Act 1928 (No. 3632), s160 - Administration and Probate Act 1948 (No. 5277), s8(1) - Administration and Probate (Estates) Act 1951 (No. 5590), s4(1), s10.
Administration and probate - Will - Application for probate of copy - Original lost - Last in testator's possession, but not forthcoming at death - Whether inferred that destroyed animo revocandi - Effect of consent of next of kin to grant of probate.
Administration and probate - Revocation of first will in belief that second will contained two clauses similar to those in the first will - Clauses omitted in error - Jurisdiction to admit to probate second will and two clauses of the first will with declarations that revocation clause in second will not to extend or apply to them - Admissibility of extrinsic evidence to show that second will executed conditionally.
Administration and probate - Will - Gifts made subject to provision that bequests should revert back to estate if beneficiary predeceased testator and residuary bequests made after legacies and "subject to the above" - Priority of payment of debts etc. - Incidence of Victoria probate duty, debts, funeral and testamentary expenses, pecuniary legacies, and a legacy on estate as between surviving residuary beneficiary's interest and that of next of kin - Residue - Administration and Probate Act 1928 (No. 3632), s33, s34, s162, s163, 2nd Schedule - Administration and Probate (Amendment) Act 1948 (No. 5277) - Administration and Probate (Estates) Act 1951 (No. 5590), s4(3).
Administration and probate - Public Trustee - Probate of will in common form granted to Public Trustee - Parties compromising matters in issue - Whether propounder protected by order granting probate in solemn form against persons not represented at present hearing and not parties to the compromise - Duty of the propounder in proving the will in solemn form if opposition is withdrawn as a result of a compromise - No duty to call all available evidence for and against will - Whether the Court is under a duty to make its own investigation when an application is made to it for a grant of probate in solemn form.
Administration and probate - Executor's commission - No provision in will authorizing solicitor-executor to charge estate for professional services rendered - Whether court has jurisdiction to grant commission in respect of professional work rendered by solicitor-executor - Administration and Probate Act 1928 (No. 3632), s59 - Supreme Court Act 1928 (No. 3783), s18.
Administration and probate - Probate duties - Seat on Stock Exchange - Sold after testator's death - Proceeds of sale in hands of executors - Whether dutiable - "Property" - "Settlement" - Administration and Probate (Estates) Act 1951 (No. 5590), s2, s4(b)(ii), s4(d)(ii), s4(h)(i).
Administration and probate - Will - Incorporation for probate of document, a contract of sale, referred to in will.
Administration and probate - Will - Construction - Substitutional gift "to his heirs" - Intestate succession - Whether heirs take as joint tenants - Administration and Probate Act 1928 (No. 3632), s50 - Administration and Probate Act 1958 (No. 6191), s56.
Administration and probate - Option in partnership deed whereby deceased partner's interest purchased by surviving partner - Share in goodwill not shown as part of estate for duty purposes - Administration and Probate (Estates) Act 1951 (No. 5590), s4(1), s8(1) - Administration and Probate (Estates) Act 1955 (No. 5895), s6.
Administration and probate - Testator's family maintenance - Application by adult son - Adequate provision - PtV, Administration and Probate Act 1928 (No. 3632), s139 - PtIV, Administration and Probate Act 1958 (No. 6191), s91.
Administration and probate - Application for grant of probate - Caveat - Lodged after order signed by Registrar and sealed with seal of court before issue - Administration and Probate Act 1958 (No. 6191), s12.
Administration and probate - Renunciation of probate by executor - Deed of renunciation - Intermeddling by executor in the estate - Infant beneficiaries - Beneficiaries - Creditors.
Administration and probate - Inclusion of property in estate for purposes of duty - Non-testamentary disposition of personal property situated outside Victoria - "Property" - Taxing powers in statutes - Administration and Probate Act 1958 (No. 6191), s104(1)(d)-s104(1).
Administration and probate - Survival of actions in tort - Proceedings against estate of deceased person - To be taken within six months of grant of probate - "Took out representation" - Administration and Probate Act 1958 (No. 6191), s5, s12, s29(3).
Administration and probate - Testator's family maintenance - Extension of time for making application - Bankruptcy of applicant - Financial stringency - Applicant's right to apply does not vest in official receiver - Administration and Probate Act 1958 (No. 6191), PtIV, s99.
Administration and probate - Will not forthcoming at death - Application to prove copy - Presumption of destruction animo revocandi - Presumption of law - Rebuttal - Dependent relative revocation.
Administration and probate - Testator's family maintenance - Application for extension of time - Oversight by solicitor - "Final distribution" of estate - Distribution of land under Transfer of Land Act - Major portion of estate distributed - Administration and Probate Act 1958 (No. 6191), s99.
Administration and probate - Will - General and specific legacies - Shares held at date of will later subject of take-over transaction - Effect of bequests - Meaning of words "or any successor thereto" - Inserting in will words evidently omitted by oversight - Executors' commission - Method of calculation where actual value of estate less than value passed for probate.
Administration and probate - Common disaster - Uncertainty as to order of deaths - Presumption younger survived elder - Property Law Act 1958 (No. 6344), s184.
Administration and probate - Administration completed - Appointment of new administrator - Trustee - Time when administrator becomes a trustee - Substitution of new trustee - Administration and Probate Act 1958 (No. 6191), s34(1) - Trustee Act 1958 (No. 6401), s48(1).
Administration and probate - Will - "The remainder of my money" - "All my personal effects".
Administration and probate - Wills - Caveat - Grant of probate - Caveat lodged after grant - Caveat presented but not lodged - Caveat not accepted at probate office - Revocation of grant of probate - Administration and Probate Act 1958 (No. 6191), s12, s58.
Administration and probate - Will - Practice - Executor seeking probate of earlier will - Later will challenged - Validity of latest will should be determined first - Onus on caveator to prove revocation of will propounded - Administration and Probate Act 1958 (No.6191), s15 - Partnership Act 1958 (No. 6330), s37.
Administration and probate - Administration ad litem - Previous limited grant for one purpose - Subsequent limited grant may be made for other purpose - Action commenced more than six months after grant is matter of defence - Administration and Probate Act 1958 (No. 6191), s29.
Administration and probate - Testator's family maintenance - Remarriage of testator's widow between testator's death and application - No breach of moral duty - Exercise of court's discretion - Plaintiff not showing present need - "Widow" - "Former wife" - Administration and Probate Act 1958 (No. 6191), s91 (as substituted by s5 of the Administration and Probate (Family Provision) Act 1962 (No. 6920)).
Administration and probate - Whether pecuniary legacies a mere charge upon real estate or primarily payable from proceeds of real estate - Gift of residue to trustees - Trustee beneficiaries hold for next of kin - Legatees not paid within 15 years - Assets still held by trustees after 15 years - Action to recover legacy from trustee not statute barred - Claim for interest barred beyond six years - Limitation of Actions Act 1955 (No. 5914), s5(7), s20, s21, s22 (Limitation of Actions Act 1958 (No. 6295), s5(7), s20, s21, s22) - Trustees Act 1928 (No. 3792) s67 (Trustee Act 1953 (No. 5770), s79) - Property Law Act 1928 (No. 3754), s304.
Administration and probate - Will - Bequest of "my life policy" - Testator holder of four similar life policies at date of death - Testator's mistake - Real intentions "my life insurance cover" or equivalent expression - Court's discretion to make substantial alteration in will if intention clear.
Administration and probate - Two documents in form of wills executed on same day - One will later destroyed at deceased's request - Animus testandi - Animus testandi at time of execution - Wills Act 1958 (No. 6416), s7, s18(d).
Administration and probate - Intestate estate - Securities - Joint owners may compose one - The test - Administration and Probate Act 1958 (No. 6191), s57(1) - Rules of the Supreme Court, Chapter III, r24.
Administration and probate - Deaths of two brothers about the same time - Evidence upon the probabilities as to which person died first - Whether it was "uncertain" as to which of them survived so that by statute deaths presumed in order of seniority - Administration and Probate Act 1958 (No. 6191), s12(2)(b) - Property Law Act 1958 (No. 6344), s184.
Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of 13 months after grant - Whether delay excusable - Negotiations extending beyond limitation period - Administration and Probate Act 1958 (No. 6191), s99.
Administration and probate - Testator's family maintenance - Application by adult son - Testator's estate very large - "Adequate provision for the proper maintenance and support" - Whether statements made by the testator during his lifetime concerning his relationship with the applicant are admissible in evidence - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).
Administration and probate - Testator's family maintenance - Character or conduct of applicant disentitling - Failure to practise or adhere to a particular religion - Administration and Probate Act 1958 (No. 6191), s96(1).
Administration and probate - Practice - Allegation of lack of testamentary capacity - Propounder's right to split case - No splitting of case on issue where propounder has led some evidence - Rebutting case commenced - May not split rebutting case - Discretion of court to allow splitting of case.
Administration and probate - Intestacy - Disappearance of next of kin more than seven years before intestate - Commorientes - Distribution of estate - Survivorship - Presumption of death - Whether s184 of the Property Law Act 1958 applies - Property Law Act 1958 (No. 6344), s184.
Administration and probate - Testator's family maintenance - Application by adult son, divorced wife and widow - "Adequate provision for the proper maintenance and support" - Principles to be applied to a claim by an adult son - Prima facie able to support himself - Relationship of father and son at date of death - Father's duty at that time - Son had commenced university course with father's help and support - Provision for divorced wife - Provision for payment out of estate of duty on notional estate - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).
Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of two and a half years since applicant obtained his majority and before application for extension - Principles to be considered - Merits of proposed action to be considered.
Administration and probate - Purposive trust for the publication of a book - No indication of character or content of the work to be published - Purposive trust for the preparation and publication of the testator's own literary works - Trust not for the advancement of education or the public benefit.
Administration and probate - Estate of a deceased person - "Gift inter vivos" - "Settlement" - Disposition to "taking effect upon or after the death" of settlor - "Power which may affect the enjoyment" of gift - Administration and Probate Act 1958 (No. 6191), s100, s104 - Probate Duty Act 1962 (No. 6890), s19.
Administration and probate - Presumption of legitimacy - Presumption of paternity - Presumption of parenthood - No presumption of maternity - Maternity a question of fact.
Administration and probate - Show cause why will should not be proved - Inter- meddling in estate - Application by executors for administration with the will annexed - Renunciation by executor of probate - Administration and Probate Act 1958 (No. 6191), s15, s16.
Administration and probate - Intestacy - Validity of deceased's marriage - Wife's status at time of marriage - Disappearance of first husband - Whether first husband should be presumed dead - Presumption of continuance - Presumption of innocence of crime of bigamy - Presumption of death of first husband - Presumption of validity of marriage - Children of the deceased born before marriage - Registration of Births, Deaths and Marriages Act 1958 (No. 6356), s30, s31.
Administration and probate - Testator's family maintenance - Application by divorced wife - "Adequate provision for proper maintenance and support" - Provision for divorced wife - Considerations relevant - Administration and Probate Act 1958 (No. 6191), s91, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).
Administration and probate - Application for probate in solemn form of will and the contents of an envelope referred to therein - Whether application could be made by motion - Administration and Probate Act 1958 (No. 6191), s12(2)(b) - Administration and Probate Rules, r2, r17, r18, r41.
Administration and probate - Omission of phrase from will - Jurisdiction to grant probate of will textually different from that signed by testatrix.
Administration and probate - Testator's family maintenance - Claim by adult daughter with adult children - Will making no provision for applicant but estate divided between applicant's children - Applicant the only child of testatrix - Applicant only herself to support and estranged from two of her three children - Provision made for applicant both by her father during his lifetime and under his will - Applicant divorced and living with another man for some time prior to the death of the testatrix - Document left by testatrix giving reasons for making no provision in will - Whether testatrix failed in her duty to the applicant - Administration and Probate Act 1958 (No. 6191), PtIV.
Administration and probate - Estate of deceased - Estate duty - Gift in will for "the amelioration of the condition of the dependants...of Her Majesty's forces or the forces of the Commonwealth" - Whether charitable gift - Statutory exemption - For the relief of persons in necessitous circumstances in Australia - Whether gift falls within exemption - Whether gift confined to persons within Australia - Whether dutiable - Property Law Act 1958 (No. 6344), s131 - Estate Duty Assessment Act 1914-1966 (Com.), s8(5)(c)(ii).
Administration and probate - Jurisdiction - Private international law - Motor car collision in Victoria with non-resident - Death of non-resident subsequently - Action in Victoria against foreign personal representative struck out - Application in Victoria by plaintiff for grant of letters of administration ad litem - Probate jurisdiction - Jurisdiction of Court to grant letters of administration ad litem - Whether any assets of deceased in Victoria - Comprehensive motor vehicle insurance policy - Right to indemnity thereunder - Local situation of chose in action is where obligor resides - Administration and Probate Act 1958 (No. 6191), s6, s29(3), s67 - Supreme Court Act 1958 (No. 6387), s17, s18 - Service and Execution of Process Act 1901-1963 (Com.), s11.
Administration and probate - Testator's family maintenance - Application to extend time for making application - Widow ignorant of rights for seven years after death of intestate husband - Whether a "final distribution of the estate" so that no provision could be made "out of the estate" - Whether assets held by the personal representative in character of trustee for the beneficiaries - Settlement purchase lease of farm under the Soldier Settlement Act held by administrator - Administrator not holding lease solely as trustee - No assent to vesting of beneficial interest in lease in next of kin - Administrator still performing its duties - Administration not completed - Soldier Settlement Act 1958 (No. 6373), s3, s43, s51, s56, s59, s60, s61, s64, s65, s66(1), s67A, s74, s76, s77 - Administration and Probate Act 1958 (No. 6191), s38, s41, s44, s50, s91, s99 - Property Law Act (No. 6344), s35.
Administration and probate - Will - Testator intending to benefit son and others from farm owned by him and wife as joint tenants - Legal estate in property vesting in surviving spouse - Whether testator still retained beneficial interest in property - Allegation by son that farm constituted partnership property - Evidence of partnership not conclusive - Duty of personal representative to take action against widow - Whether trustee company bound to use its own funds - Duty of personal representative to seek Court's advice - In the absence of indemnity from estate or personally trustee not bound to take proceedings - Equity of son to seek remedy on behalf of estate - Son able to seek a declaratory judgment against mother - Rules of the Supreme Court, O.25, r5.
Administration and probate - Will - Execution - Whether attesting witnesses to will required to sign in the presence of each other - Whether testatrix should acknowledge her signature in the presence of both witnesses, both being present at the same time - Wills Act 1958 (No. 6416), s7 - Administration and Probate Act 1958 (No. 6191), s12(2)(b).
Administration and probate - Words included in will by mistake or inadvertence - Grant of probate omitting such words - Presumption upon due execution of will that testatrix knew and approved contents - Presumption rebuttable - Onus of rebuttal - Onus on those seeking probate with words omitted to show on balance of probabilities that words included by mistake - Onus then on those seeking probate with words retained to show will read by or to testatrix - Where will read by or to testatrix presumption only rebutted by clearest evidence.
Administration and probate - Testators family maintenance - Adopted child - Application for order that provision be made from estate of deceased for proper maintenance and support of married adopted daughter - Whether order may be made in favour of adopted child - Sole testamentary beneficiary an adopted son of deceased - Administration and Probate Act 1958 (No. 6191), s91 - Adoption of Children Act 1964 (No. 7147), s32(1).
Administration and probate - Testators family maintenance - Application by illegitimate children of deceased - Whether such children "dependant on or supported by the deceased" - Dependency or support by provision of physical things - Administration and Probate Act 1958 (No. 6191), s91.
Administration and probate - Grant of administration ad colligenda bona - Application for such grant - Principles upon which such grant may be made - Protection of assets of estate where usual representation not obtainable promptly - Administration and Probate Act 1958 (No. 6191), s5, s6.
Administration and probate - Testator's family maintenance - Admissibility of deceased's statements as to relationship with applicant - Reasons of deceased for excluding adult son from will - Statements of deceased not to be used as evidence of truth of facts stated - Statements may be admitted to show testator's belief in facts so stated - Statements may be admitted to show state of testator's beliefs concerning applicant when instructions given for making of will - Credibility of applicant in issue - Application for provision for adult son refused - Whether time for appeal should be extended - Administration and Probate Act 1958 (No. 6191), s96.
Courts practice and procedure - Application to extend time for appealing - Claim for provision from estate of mother by son dismissed - Delay of about six months before extension of time for appealing sought - Principles to be applied considered - Possible injustice to all parties to be considered - Prospects of success of appeal to be considered - Costs - Whether security for costs should be ordered - Rules of the Supreme Court O.58, r1A(b), O.58 r16, O.64, r6.
Evidence - Testator's family maintenance - Evidence offered as to testatrix's statements concerning relationship with applicant - Hearsay - Statements not to be used as evidence of truth of facts stated - Extent of admissibility of such statements considered - Evidence relevant to show belief of testator - Evidence may be offered to show state of mind of testator when instructions given for will - Whether testator understood existence or strength of applicant's claim on bounty.
Administration and probate - Will and codicil - Practice where validity of codicil in doubt - Executor seeking probate of will alone - Onus of proof on executor - Onus of proof on person seeking to propound codicil - Consent of interested persons gives no jurisdiction to ignore testamentary document - Dependent relative revocation.
Administration and probate - Whether children were entitled to share in estates - Such question depending on Legitimacy of children and proof of marriage of parents - Father of children living with mother as though they were married for nearly 50 years - No marriage certificate produced - "No. record" searches produced indicating that he had not married in Victoria, New South Wales or Queensland - Statement by father in two birth certificates of children that he had married in New South Wales - Death certificate indicating marriage in Queensland - Admissibility of these and other certificates considered - Letters and other evidence tendered to prove existence of marriage - Proof of marriage by cohabitation and repute - Declarations as to pedigree - Conflict in certificates and other evidence - Proof of existence of marriage and evidence which raised a presumption of marriage - Whether clear and cogent evidence both to rebut presumption and tell against acceptance of actual evidence - Evidence Act 1958 (No.6246), s66 - Registration of Births Deaths and Marriages Act 1959 (No.6564),, s53 - Rules of the Supreme Court O. 16, r9, r32(b).
Evidence - Presumption of marriage - Declarations as pedigree - Hearsay - Admissibility of particulars contained in birth and other certificates from various States of Australia and New Zealand - Admissibility of "no record" searches - Conflict in evidence and certificates produced - Whether proof that children were legitimate and entitled to share in estates - Parents living together as though they were married for nearly 50 years - No marriage certificate produced - Actual evidence of marriage and evidence of marriage and evidence which raised a presumption of marriage - Clear and cogent evidence both to rebut that presumption and tell against acceptance of actual evidence - Evidence Act 1958 (No.6246), s66 - Registration of Births Deaths and Marriages Act 1959 (No.6564), s53.
Administration and probate - Application for grant of administration ad colligenda bona - Whether guarantee required as a condition of grant - Administration and Probate Act 1958 (as amended) (No. 6191), s57(1) - Administration and Probate Rules (as amended), r23(1).
Administration and probate - Application that attesting witness be entitled under will - Statutory provisions considered - Persons on whom notice of application may be served - Whether entitlement known to and approved by testatrix and whether undue influence - Evidence and proof required - Will prepared by solicitors on instructions of witness formerly a member of that firm - Witnesses and testatrix closely related - Administration and Probate Act 1958 (No. 6191), s100, s101 - Wills Act 1958 (No. 6416), s13 - Wills (Interested Witnesses) Act 1977 (No. 9044), s5.
Administration and Probate - Executors' commission - Procedure where one executor does not wish to participate in claim for commission - Administration and Probate Act 1958 (No. 6191).
Administration and Probate - Testator's family maintenance - Testator divorced - Question of maintenance for former wife reserved - Application by former wife - Whether former wife entitled to payments of maintenance - Meaning of "entitled" - Whether former wife a "widow" - Administration and Probate Act 1958 (No. 6191), s91.
Administration and Probate - Will - Personal representative not a party to proceedings - Application for costs from the estate - Whether rules of natural justice apply - Audi alteram partem - Whether opportunity for contrary submissions - Practice - Whether power to order costs to be paid out of the estate - Administration and Probate Act 1958 (No 6191), s61; RSC Ch I, O 16, r8, O.65, r14D, Ch III, O.1, r40.
Administration and Probate - Motion for leave to withdraw renunciation - Court's discretion - Whether retraction should be for the benefit of the estate or those interested under the will - Administration and Probate Act 1958 (No.6191), s16(2).
Practice and procedure - Administration and Probate - Execution and filing of retraction following grant of leave to withdraw renunciation of probate - Application for probate following filing of retraction - Contents of affidavit in support of application for probate - Memorandum of subsequent probate - Probate and Administration Rules, r17.
Administration and Probate - Testator's Family Maintenance - Application by adult daughters for extension of time for making application - Lapse of over three years since grant of probate - Estate not finally distributed - Ignorance of size and extent of estate - Size and extent of testator's overseas assets deliberately concealed by executors - Principles to be applied in determining applications for extension of time - Administration and Probate Act 1958 (No. 6191), s99.
Administration and Probate - Testator's family maintenance - Application by adult daughter for extension of time for making application - Adequate provision for applicant at date of testator's death - Deterioration of applicant's financial circumstances - Increase in value of estate - Principles to be applied in determining application for extension of time - Administration and Probate Act 1958 (No. 6191), s99.
Administration and probate - Family provision - Application for extension of time - "Final distribution" of estate - Transmission application and transfer in respect of sole asset of estate lodged at Titles Office but not registered - Whether estate finally distributed - Administration and Probate Act 1958 (No. 6191), s99, s99A.
Administration and probate - Probate duty - Hardship Relief Board - Application for relief from duty - Power of Board to entertain application made after duty has been paid - Probate Duty Act 1962 (No. 6890), s38B.
Administrative law - Statutory tribunal - Hardship Relief Board - Natural justice - Form of "hearing" to which applicant is entitled before decision is made.
Administrative law - Statutory tribunal - Hardship Relief Board - Bias - Prejudgment - Expression of opinion by a tribunal member in advance of hearing.
Administration and probate - Family provision - Application by - adult ex nuptial son for further provision - Principles applicable - Nature of special need or claim - Paternity - Originating motion for declaration - Status of Children Act 1974 (No. 8602), s7, s10.
Administration and probate - Removal of executor - Unfit or incapable - Executor unable to be found - Completed administration - Appointment of new trustees - Administration and Probate Act 1958 (No. 6191), s34(1) - Trustee Act 1958 (No. 6401), s48(1).
Administration and probate - Public policy - Manslaughter of testator by wife beneficiary - Whether wife's interest under testator's will forfeited.
Administration and probate - Intestacy - Application for letters of administration - Mental incapacity of only person entitled to distribution - To whom grant should be made - English practice - Victorian practice - Administration and Probate Act 1958 (No.6191), s50 - Supreme Court (Probate and Administration) Rules 1985, O.1, r41.
Administration and probate - Probate - Will made in Australia - Later foreign will - Whether later will revoked will made in Australia - Administration - Letters of administration annexing foreign will - Assets - Assets in Australia and overseas.
Wills and codicils - Revocation - Conflict of laws - Testator having foreign domicile - Whether Australian will revoked by later foreign will- Whether intention to revoke determined by lex domicilii or lex fori - Evidence - Extrinsic evidence of testator's intention - Whether admissible - Statements before and after execution of will.
Administration and probate - Executor - Removal of Unfit to act - Conflict of interest and duty - Whether conflict of interest a ground for removal - Administration and Probate Act 1958 (No 6191) s34(1)(c).
Trust and trustees - Trustee Removal of - Conflict of interest and duty - Whether conflict of interest a ground for removal - Trustee Act 1958 (No 6401) s41(1), 48(1).
Administration and probate - Wills and codicils - Validity of will - Hand-written will - Suspicious circumstances - Delay in producing will - Onus of proof - Interested witnesses - Failure to dispel suspicious circumstances - Whether re-trial should be ordered.
Estoppel - Proprietary estoppel - Contract - Promise to leave interest in property by will - Condition of payment of reasonable sum to third party - Contractual uncertainty - Whether equity can arise despite contractual uncertainty - Detriment - Reliance - Relief - Constructive trust.
Costs - Non-party - Appeal - Application for costs against non-party - Made after decision on appeal given - Practice and procedure - Evidence - Whether applicant for non-party costs can rely on evidence and findings in the litigation - Supreme Court Act 1986 (No. 110) s. 24.
Administration and probate - Executor - Removal - Mental incompetence - Administration and Probate Act 1958 (No. 6191) s. 34.
Administration and probate - Family provision - Commencement of proceeding - Time limitation - No application to be heard unless made within fixed period or within further time allowed by court - Fixed time expiring on a holiday - Application made the following day - Defendant seeking declaration that plaintiff was obliged to apply for leave to enlarge time - Interpretation of legislation - General provision relating to time limits expiring on a holiday - Extension of time to next day not a holiday - Remedial provision - Whether specific fixed time period extended by operation of general interpretation provision - Administration and Probate Act 1958 (No 6191) s 99 - Interpretation of Legislation Act 1984 (No 10096) s 44(3) 44(4).
Administration and probate - Executor - Fitness - Removal - Nature and scope of discretion to remove - Legislative purpose - Welfare of beneficiaries - Protection of interests in estate - Jurisdiction not limited to disqualification arising by reason of some legal status - Neglect and breach of duty - Conflict of interest and duty - Antagonism displayed to beneficiaries - Delays in administration of estate - Failure to provide accounts and information - Failure to pay creditors - Exaggerated or unjustified demands for commission and legal costs - "Unfit to act" - Administration and Probate Act 1958 (No 6191) s 34(1)(c).
Courts and judges - Trial - Procedural fairness - Trial judge finding that executor had acted in bad faith in exercise of fiduciary discretion - Not tantamount to finding fraud - Bad faith in exercise of discretion for improper purpose - Standard of proof - Whether findings of fact could be made - Bad faith not expressly pleaded - Relevant evidence admitted without objection - No surprise - Opportunity given to meet allegation.
Statutory interpretation - Presumptions - Judicial construction of words - Subsequent re-enactment in same form - Presumption of parliamentary endorsement - Presumption rebutted.
Personal property - Chose in possession - Gifts inter vivos - Art works - Disputed ownership - Alleged gift by delivery - Artist giving paintings to his wife - Wife closely involved in promoting husband's artistic career - Wife lending paintings by artist for public exhibitions - Exhibition catalogues attributing ownership of some paintings to wife - Artist's wife predeceasing artist - Artist's adopted daughter sole beneficiary of mother's will - Artist aware of distribution of paintings by late wife's estate - Remarriage of artist - Disputed paintings coming into artist's possession - Artist dying leaving all his chattels to widow - Daughter belatedly locating circumstantial evidence said to support prior inter vivos gift to her mother - Daughter's claim as sole beneficiary of mother's will - Whether artist made a gift - Donative intention - Whether necessary to establish words of gift - Whether claim statute-barred - Whether constructive trust - Limitation of Actions Act 1958 (No 6295) ss 6 21
Administration and probate - Claim against deceased estate - Alleged gift inter vivos - Alleged donor and donee both dead - Claim based on circumstantial evidence - Need to approach putative donee's account with caution.
Administration and probate - Beneficiary - Claim against third party - Disputed ownership of paintings - Standing - Plaintiff life tenant only - Only trustees having legal title and right to possession - Estate fully administered - Beneficiary's right to enforce trustees' rights - Need for exceptional circumstances - Beneficiary not entitled to any relief or remedy in own right - Failure to join trustees in claim - Proceeding irregularly constituted.
Evidence - Documents - Admissibility - Art exhibition catalogues - Ancient documents - Hearsay - Statutory exception - Business records - "Person interested" - Evidence Act 1958 (No 6246) ss 3 55(1) 55(4) 55(9)
Administration and probate - Summons to executor to prove will - Will brought into court - No extant application for probate - Court asked forthwith to grant probate subject to compliance with requirements of Registrar of Probates - Purported reliance on practice - Order refused and suggested practice disapproved - Administration and Probate Act 1958 (No 6191) s 15.
Administration and probate - Duties of executors - Ashes of cremated body - Whether ashes should be divided - Jurisdiction of court to intervene.
Administration and probate - Executors - Rights and duties - Funeral arrangements - Disposal of deceased's body - Irreconcilable family dispute between beneficiaries as to method of disposal - Sole independent executor unwilling to select method - Exercise of discretion by court - Selection of party with stronger moral claim - Respect for deceased necessitating urgent resolution - Impossibility of court deciding merits of complex factual disputes - Reliance on uncontradicted and independent evidence.
Administration and probate - Testator's family maintenance - Widow's claim - Compromise - Enforceability - Conditions subsequent - Conditional on Attorney-General not opposing and on making of consent orders - Death of claimant before conditions satisfied - Attorney-General indicating non-opposition to compromise - Whether Attorney-General's decision invalid and nullity - Whether consent order could be made - Administration and Probate Act 1958 (No 6191) Pt IV
Administration and probate - Survival of actions - Testator's family maintenance - Death of claimant before compromise unconditional.
Judgments, orders and declarations - Consent order - Discretion to refuse.
Costs - Administration and probate - Novel point - Attorney-General intervening - Whether costs to be paid out of estate.
Administration and probate - Executor - Renunciation of probate - Whether court should accept renunciation - Proper course - Form of renunciation - Requirements - Disclosure of intermeddling with estate.
Administration and probate - Renunciation of probate - Administration with will annexed - Entitlement - Person with greatest interest under will - Preference for universal residuary legatee - Notification to persons entitled to apply for administration - Departure from preference - Where will requires impartial person - Power to appoint amicus curiae.
Administration and probate - Proceeding on behalf of estate - Executor unwilling to take action - Testator leaving estate to one child - Testator's inter vivos transfer of largest asset to sole beneficiary - Claim by other children for provision from estate - Claimants alleging testator subject to special disability at time of transfer - Executor failing to act to set aside transfer on equitable grounds - Whether Pt IV claimants had standing to commence separate proceeding against executor on behalf of estate - Whether real financial or other interest - No standing as contingent beneficiaries - Summary judgment for the executor - Administration and Probate Act 1958 (No 6191) Pt IV.
Private international law — Choice of law — Wills and codicils — Deceased Australian citizen domiciled in China — Testamentary note made in China — Note disposed of part of Victorian personal estate — Whether will — Whether validity of note as a will governed by Victorian law or Chinese law — Whether Victoria appropriate forum — Proof of foreign law — Evidence Act 2008 (Vic) s 174 — Wills Act 1997 (Vic) s 17
Administration and probate — Partial intestacy — Assets in Victoria and China — Whether intestacy provisions of Victorian law or Chinese law apply — Effect of order of Supreme Court of Victoria granting letters of administration for a will disposing of only part of deceased’s personal estate in Victoria
Administration and probate — Forfeiture rule — Beneficiary guilty of defensive homicide of testator — Scope of application of forfeiture rule to manslaughter and analogous homicides — Public policy — Whether rule equitable in nature — Whether rule applied to prevent beneficiary taking benefit of will
Workers compensation — Action for damages — Asbestos-related condition — Leave to proceed — Claimant died before taking additional steps to apply for order for leave to proceed — Whether worker had a valid cause of action at the time of death — Accident Compensation Act 1985 (Vic) ss 135A, 135BB
Workers compensation — Whether filing of generally indorsed writ constituted application under s 135BB(3) of Accident Compensation Act 1985 (Vic)
Administration and Probate — Worker’s common law claim in respect of employment injury — Statutory requirement for leave to proceed — Claimant died after filing writ and before leave applied for — Whether cause of action survived for the benefit of the estate — Administration and Probate Act 1958 (Vic) s 29
Administration and probate — Informal will — Deceased made both formal will and informal document purporting to express different testamentary intentions — Requirements for entering informal will into probate — Whether informal document intended by deceased to be her will — Whether common law requirements of testamentary capacity and knowledge and approval met — Wills Act 1997 (Vic), ss 9(1),12–15
Administration and probate — Administration of estate — Application for judicial advice by executor — Prospective proceedings — Joint tenancy — Severance — Unregistered transfers of land — Where executor intended to lead further evidence in support of application — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02
Practice and procedure — Trusts and trustees — Application for judicial advice — Disputed facts — Application for summary dismissal — Whether application for advice lacked real prospect of success — Whether application for advice an abuse of process — Civil Procedure Act 2010 (Vic), ss 7, 8, 62, 64 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 23.01, 54.02
Administration and probate — Will — Remote execution procedure — Testator made will with witnesses attending remotely via audio-visual link — Requirements for satisfying remote execution procedure — Whether witnesses clearly saw testator’s signature being made — Whether testator clearly saw witnesses’ signatures being made — Wills Act 1997 (Vic), ss 3(1), 8A, 8D, 9
Bankruptcy and insolvency — Claim for further provision from deceased estate — Plaintiff declared bankrupt — Whether proceeding stayed automatically — Whether plaintiff’s claim a cause of action in respect of ‘any personal injury or wrong’ — Whether trustee elected to discontinue proceeding — Whether plaintiff entitled to continue proceeding upon discharge — Administration and Probate Act 1958 (Vic), pt IV — Bankruptcy Act 1966 (Cth), ss 60(2), 60(3), 60(4)
Administration and probate — Claim for further provision from deceased estate — Plaintiff declared bankrupt — Whether proceeding stayed automatically — Administration and Probate Act 1958 (Vic), pt IV — Bankruptcy Act 1966 (Cth), ss 60(2), 60(3), 60(4)
Administration and probate — Probate — Will appointing spouse of testator as executor — Divorce of executor and testator subsequent to final will — Statutory presumption that appointment of executor revoked upon divorce — Intention of testator — Whether testator intended appointment of executor not to be revoked upon divorce — Whether intention capable of being established solely by reference to evidence extrinsic to will — Wills Act 1997 (Vic), s 14
Wills and codicils — Construction — Contingent gifts to beneficiaries in father’s will transferred to family trust — Gifts to beneficiaries in mother’s will transferred to family trust — Gifts in mother’s will made pursuant to ‘Islamic law of distribution as outlined in the Quran in compliance with Sunni tradition’ — Whether transfers in accordance with wills — Meaning of ‘Islamic law of distribution in Sunni tradition’
Trust and trustees — Breach of trust — Discretionary trust — Assets of deceased estates transferred to family trust contrary to terms of testators’ wills — Whether transfers beyond power — Whether transfers void
Administration and probate — Appointment of independent administrator and trustee — Indemnity for future services — Whether remuneration of independent administrator should be borne by former trustee’s share of the estates — Whether such order just and appropriate
Administration and probate — Intestacy — Application for distribution order — Multiple partners of deceased — Deceased survived by estranged spouse and unregistered domestic partner — Claim for entirety of estate — Whether claimant an unregistered domestic partner of deceased at time of death — Whether just and equitable to allocate whole of residuary estate to one partner to exclusion of other — Administration and Probate Act 1958 (Vic), ss 3(1), 70ZA, 70ZD, 70ZE
Words and phrases — ‘just and equitable’