Succession Justin Brown 13th Wentworth Selborne Chambers

Re-Cap Intestacy When does it apply? What is a spouse? What is an issue? What is the statutory legacy?

Re-Cap Intestacy Ben dies, Mary and Ben had 3 children, Ben has a love child James, his wife Mary predeceased him and they leave four children, one child Sam has also died leaving 3 children How far does it extend before going to the crown?

Intestacy Cases Thorton v Brunsden – Facts, Proposition Re Plaister; Perpetual Trustee v Crawshaw – Facts, Proposition Halbert v Mynar – Facts, Proposition

Definition and Nature of a Will Section 6, Succession Act Writing Signed by the testator or by some other person in the presence of and at the direction of the testator Witnessed two people Section 7, Don’t need to know they are witnessing a will

Characteristic of Will No effect until testator dies Declaration of intention Revocable Different from Inter vivos transactions – Joint bank account – Settlement of property – Nominations

Definition and Nature of Wills Conditional Contract to make wills Contract not to revoke – Mutual Wills

Definition and Nature of Will Real Property Personal Property Section 3 “any valuable benefit” What are examples of things that cannot be dealt with by a will

Examples of things that can’t be disposed – Life interest – Joint interest – Trusts – Belongs to another – Trust property

Definition and Nature of Will Possible beneficiaries – Persons of Unsound Mind – Minors – Illegitimate Persons – Interested Witnesses, s 10 – Criminals – Corporations – Unincorporated

The Mental Element Statutory Wills – Minors

Minors Examples – Application of M

No Capacity Without Capacity – Lost Capacity – Nil Capacity – Pre-empted Capacity

Examples AB –v- CD Application of Peter Leslie Kelsp Re Estate of Crawley Application of Sultana Wosif Elayoubi Re Will of Jane Hausfield Estate of S

Testamentary Capacity Banks v Goodfellow Timbury v Coffee Bull v Fulton In the Estate of Bohrman Woodhead v Perpetual Trustee Co Re Fenwick Re Charles

Knowledge & Approval Astridge v Pepper

Fraud and Undue Influence Fulton v Andrew Wingrove v Wingrove Hall v Hall Hindson v Weatherill Wintyle v Nye

Lack of Testamentary Intention In the Estate of Knibbs King’s Proctor v Daines Nichols v Nichols In the Estate of Myers