CASE STUDY: If you would like solicitor Manny Wood to address a legal issue, please send your request to manny.wood@ticliblaxland.com.au or call 6648 74 87.
CASE STUDY: If you would like solicitor Manny Wood to address a legal issue, please send your request to manny.wood@ticliblaxland.com.au or call 6648 74 87. Brett Wortman / SCN090211DODDS

Different judges have differing views.

Break-out - The court hears Olivia received a gift of real estate from her parents by way of an early inheritance.

HARRY passes away at the age of 88 and is survived by daughters Christine and Olivia.

The estate consists primarily of a house valued at $800,000 and the will appoints Christine executor and gives the house to her.

The rest of the estate is to be divided equally between the two daughters but after the legal costs and debts are taken into account there is nothing left for Olivia.

She commences action against the estate naming Christine as defendant.

The court hears Olivia received a gift of real estate from her parents when she married in 1985 by way of an early inheritance.

It learns Olivia is married with three adult children, has a mortgage of $500,000, is employed casually and her husband was recently made redundant.

Christine does not provide any evidence of financial needs but argues because Olivia already received a house the effect of the will is proper.

Each party incurs approximately $50,000 in legal costs.

The court makes an order for the real estate is sold and given her financial circumstances, Olivia receives $280,000 from the estate but her sister appeals the decision.

The court of appeal states respect should be given to Harry's judgement as it can be seen he has duly considered the claims on his estate.

It also states a court should not re-write a will and at times courts may attach too much significance to their discretionary powers.

Ultimately, the appeal court rules that in-line with community expectations, Olivia should receive no provision from Harry's estate and dismisses her claim.

If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.

 



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