Alienation of real estate by gift

(Source: Isin v Ozen [2016] NSWSC 1480; [157]-[165] per Hallen J) Alienation of real estate will be effective, in equity, by gift, if the gift is “complete”: Corin v Patton (1990) 169 CLR 540; [1990] HCA 12, at 558, 563 – 570, 582 – 583; Costin v Costin (1997) 7 BPR 15,167; [1997] NSW ConvR 55-811; […]

10, 27, 2016
Comments Off on Witness credibility (deceased estates)

By whiggs

Other, Trusts & Trustee Law

Witness credibility (deceased estates)

(Source: Isin v Ozen [2016] NSWSC 1480) It is plain that the credibility of witness evidence is critical (lets say determinative) in cases where conversations are alleged with a deceased (for want of a better word!). There may or sometimes will usually be contemporaneous documents including where authenticity of such documents is not in issue. […]

08, 25, 2015
Comments Off on Trustee – exercise of discretion

By whiggs

Trustees, Trusts & Trustee Law

Trustee – exercise of discretion

A helpful summary of the principles concerning the grounds on which the exercise of a trustee’s power can be challenged is found in a passage from the decision of Northrop J in Clerical Administrative and Related Employees Superannuation Pty Ltd v Bishop (1997) 76 IR 139, which was cited on appeal by Heerey J (Wilkinson […]

08, 25, 2015
Comments Off on Trustee’s duties

By whiggs

Trustees, Trusts & Trustee Law

Trustee’s duties

Trustees duties: (1) it owes its members a duty to act in the members’ best interests: see Cowan v Scargill [1984] 2 All ER 750 at 760 per Sir Robert Megarry VC: “The starting point is the duty of trustees to exercise their powers in the best interests of the present and future beneficiaries of […]