IN RE NICKSONVLR 274
Administration and Probate — Probate — Will — Solicitor and client — Gift to solicitor of testatrix — Onus probandi — Independent advice.
Catchwords are the way in which we classify reports into a consistent taxonomy.
Reports matching this catchword classification
Administration and Probate — Probate — Will — Solicitor and client — Gift to solicitor of testatrix — Onus probandi — Independent advice.
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 — 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 — Probate — Resealing foreign probate — Executor of deceased executrix — Not entitled to apply — Administration and Probate Act 1915 (No. 2611), s. 51.
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 — 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 — 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 — Sealing of foreign probate — Grant by Court in United Kingdom — Northern Ireland — Administration and Probate Act 1928 (No. 3632), sec. 81.
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 — 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