Osborne Park

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 […]

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Deed of Gift

This week I’ve been giving advice to a new client about transferring her house into her name and her daughter, as joint tenants, so that it does not form part of her estate and be the subject of a claim by her other daughter, from whom she has been estranged for 14 years. The transfer

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Sale of Land Dispute

We settled a sale of land contract dispute. Our client contracted to buy a strata unit, subject to the standard REIWA Major Structural Defect provisions. Our client obtained a report which indicated major structural defects in relation to some outside walls. The seller tried to argue that the outside walls were a strata property issue,

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