Trust Management: The Importance of Provisions for Incapacity
In the case Dryandra Investments*, delivered on 9 July 2024, the Supreme Court of Western Australia faced a significant issue: the incapacity of a trust’s guardian and appointor, Isobel May Hardie, due to dementia. This case underscores the critical need for trust deeds to include provisions for scenarios where key officeholders become legally incapacitated. The […]
Case Summary Mcgeough v Ian Torrington Blatchford as administrator of the estate of Margaret Mary Mcgeough [2019] WASC 454
This court case illustrates why these sorts of family provision matters should settle, particularly for a small estate. The first 132 paragraphs deal with the facts. From that, the Judge concluded that adequate provision had not been made for the reasons given in paragraphs 133 to 142. Note that the test is not limited to […]
Case Summary of Walsh v Adrian Cory Sloan as Executor of The Estate of The Late Laurette Dorothy Keddie [2019] WASCA 107
This case is an appeal regarding a Will bequeathing a house as a gift to a friend. On the face of it, the clause was straight forward: “I give my motor vehicle, my household chattels and my principal place of residence at my death to my friend…” However, a Will takes effect as if it […]