We are pleased to invite you to read our August 2024 edition of HWL Ebsworth’s Wills and Disputed Estates newsletter. Our newsletter is back, with case notes on relevant decisions on topics of interest to those who deal with Wills and Estate Planning, as well as articles considering various facets of this area of law.
Binding verbal mutual wills agreement? Re Miglic and the multi-million dollar question
In February 2024, the Supreme Court of Victoria delivered judgment in relation to a ‘mutual wills agreement’ dispute and the quantum of an inheritance held on trust since 1977. The Plaintiffs were successful in proving that their father and stepmother entered into a binding agreement not to change their wills without the other’s consent.
The Defendants were successful in proving that the deceased held money on trust for them, representing their entitlement from the estate of the deceased’s mother. However, the Defendants were not successful in proving that the capital held in trust was invested, so they were only entitled to the capital sum held on trust from 1977 without any capital growth.
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Written by Simon Crawford, Partner and Matthew Carlei, Solicitor.
A likely story: probate, revocation and battles over narratives
In July 2023, the Supreme Court of Victoria considered a challenge to the 2012 Will of Panagiota Tsialamandris, who passed away in 2022. The deceased’s son, Nicky Tsialamandris, claimed the Will was created under undue influence by his sister, Vasiliki Filopoulos, and that their mother did not understand its contents. Despite an attempt to dismiss the case, the Court found sufficient grounds to investigate these claims further, emphasising the need to scrutinise potential undue influence and testamentary capacity in estate matters.
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Written by Simon Crawford, Partner, Declan Dempster, Solicitor and Jinny Guo, Solicitor.
Re Rentis Pty Ltd [2023] QSC 252
In a recent ruling, the Supreme Court of Queensland examined the validity of binding death benefit nominations (BDBNs) under an Enduring Power of Attorney (EPA) for the Robert Stannett Superannuation Fund. The Court confirmed that Peter Stannett, acting as attorney, had the authority to renew BDBNs following significant changes, such as the death of Robert Stannett’s wife. This decision emphasised that EPAs should be interpreted to accommodate new circumstances, ensuring that superannuation benefits are managed in a practical and fair manner. The ruling also underscored the importance of considering the principal’s intentions within the specific context of their situation.
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Written by Nicholas Matkovich, Partner and Rebecca Kort, Associate.
Stone v Kramer
In a recent decision, the Supreme Court of New South Wales favored David Stone, a share farmer who had been promised by Dame Leonie Kramer and her late husband that he would inherit their farm. Although Dame Leonie’s will only allocated him a cash sum, the Court ruled that the estate could not deny the promise due to David’s reliance on it, which included years of unprofitable work on the farm and service as a local firefighter. The ruling underscored the significance of the principal’s intention in estoppel cases, affirming David’s right to the farm while denying an additional $200,000 gift.
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Written by Guy Moloney, Partner.
Reeves v Reeves: a farming succession epic
The Supreme Court of New South Wales clarified the interpretation of Gloria Reeves’ will regarding the reference to “Dinga Dee.” The Court determined that the will, despite a typographical error, was meant to cover only a single lot. However, it upheld Russell’s claim for equitable relief, granting him rights to the “leased lots,” including all Dingadee and two Kenilworth lots, due to the substantial detriment he suffered from relying on testamentary promises. This case highlights the significance of honoring testamentary intentions and addressing the impact of reliance on such promises.
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Written by Guy Moloney, Partner.
Digital precautions to stave off challenges to Wills: lessons learned from the matter of the Will and Estate of Kalliopi Siapantas [2023] VSC 125
In a notable case, a solicitor meticulously documented the execution of a Will for a 90-year-old woman by securing a neuropsychiatric assessment and recording her signing the document. This careful approach, including video evidence of the woman’s understanding and intentions, proved essential in addressing family disputes and validating her testamentary capacity. The article highlights the increasing role of technology in safeguarding Wills and minimising legal challenges.
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Written by Simon Crawford, Partner and Angela Liaskos, Senior Associate.