Category Archives: Wills and Probate

National Law Week 2015

NATIONAL LAW WEEK 11 to 15 May 2015 starts tomorrow.     To mark the event, Legal Helpdesk Lawyers is charging only $180 for Wills until the end of the month.

Law Week promotes public understanding of law and its role in society.

For more information about Law Week, visit http://www.lawweek.com.au.

Lawyers

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Statute of Frauds 1677 | 16 April 1677

ON 16 APRIL 1677, the English Parliament enacted the Statute of Frauds 1677.

This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.

The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.

 

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Sydney, Australia

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Hawkins v Clayton [1988] HCA 15 | 8 April 1988

ON 8 APRIL 1988, the High Court of Australia delivered Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988).

A firm of solicitors was held to be negligent by failing to take reasonable steps to locate an executor (a non-client) following the death of a testatrix (a client whose will they prepared and retained for safe keeping) for some six years after the testatrix’s death.  The solicitors were held to be liable to pay damages for the loss suffered by the executor (who was also a residuary beneficiary) in not being able to manage the estate during the period of delay.

The majority (Brennan, Deane and Gaudron JJ) held that the solicitors owed a tortious duty of care to the executor and that the action was not statute-barred.

http://www.austlii.edu.au/au/cases/cth/HCA/1988/15.html

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Sydney, Australia

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Probate Administration Act 1898 | NSW | 27 July 1898

ON 27 JULY 1898, the NSW Wills Probate and Administration Act 1898 was enacted. The Act was renamed the Probate Administration Act 1898 in 2008, with part of the Act becoming the Succession Act 2006.

http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138

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NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123

ON 14 FEBRUARY 2014, the Supreme Court of NSW delivered NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123 (14 February 2014).

The deceased died without a will in 2009. His mother died in 1984. His birth certificate did not record the name of his father. Enquiries indicated that a person who married his mother was likely to be his father and that person died in 1980 and had no other children with the possible exception of a son who would be the deceased’s half brother.

The court was satisfied in the absence of any other evidence that the person identified as the deceased’s father was his father and that he had had predeceased him and left no other children with the possible exception of the half brother.  Accordingly, the court made a Benjamin Order (Re Benjamin; Neville v Benjamin [1902] 1 Ch 723) distributing the estate to the deceased’s possible half brother.

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Succession Act 2006 (NSW)

ON 1 MARCH 2006, the NSW Succession Act 2006 commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138

Lawyers

Sydney, Australia

1300 00 2088

Hawkins v Clayton [1988] HCA 15

ON 8 APRIL 1988, the High Court of Australia delivered Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988).

A firm of solicitors was held to be negligent by failing to take reasonable steps to locate an executor (a non-client) following the death of a testatrix (a client whose will they prepared and retained for safe keeping) for some six years after the testatrix’s death.  The solicitors were held to be liable to pay damages for the loss suffered by the executor (who was also a residuary beneficiary) in not being able to manage the estate during the period of delay.

The majority (Brennan, Deane and Gaudron JJ) held that the solicitors owed a tortious duty of care to the executor and that the action was not statute-barred.

http://www.austlii.edu.au/au/cases/cth/HCA/1988/15.html

Lawyers

Sydney, Australia

1300 00 2088

Probate Administration Act 1898 (NSW)

ON 27 JULY 1898, the NSW Wills Probate and Administration Act 1898 was enacted. The Act was renamed the Probate Administration Act 1898 in 2008, with part of the Act becoming the Succession Act 2006.

http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138

Lawyers 1300 00 2088

Statute of Frauds 1677

ON 16 APRIL 1677, the English Parliament enacted the Statute of Frauds 1677.

This Act required certain dealings with real property, sale of goods, estates, trusts and marriage be reduced to writing and signed in order to avoid fraud or perjury.

The provisions of the Act have since been incorporated into many pieces of legislation around the common law world.

 

Walsingham’s Case [1573] EWHC KB

ON 11 JANUARY 1573, the King’s Bench delivered Walsingham’s Case [1573] EWHC KB (11 January 1573).

http://www.bailii.org/ew/cases/EWHC/KB/1573/J99.html

This case characterised a fee simple estate in land to be “time in the land without end, or the land for the time without end”; and a fee tail estate to be “time in the land or the land for time as long as he has issues [heirs] of his body”.

Lawyers

Sydney, Australia

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