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Succession & Trusts

  • Application for a Statutory Will for a Person Lacking Testamentary Capacity Since Birth, How are the ‘Reasonably Likely’ Intentions Determined?

    Statutory Will for an Adult Who Never Had Testamentary Capacity: When Can the Supreme Court Authorise a Will as “Reasonably Likely” to Reflect the Person’s Intentions? Based on the authentic Australian judicial case Re the Will of Elizabeth (a pseudonym) [2025] ACTSC 299, this article disassembles the Court’s judgment process regarding evidence and law. It transforms complex judicial reasoning into clear, understandable key point analyses, helping readers identify the core of the dispute, understand the judgment logic, make more rational litigation choices, and providing case resources for practical research to readers of all backgrounds. :contentReference[oaicite:0]{index=0} Introduction This case sits at…

  • Property Transferred to Relative Under Informal Buy-Back Agreement Following Financial Hardship: Is the Agreement Enforceable and Who Holds Beneficial Ownership?

    Informal Family Land Deal Dispute: When a Promise to Transfer a Home Back Is Enforceable in Equity and What “No One Is Left Out of Pocket” Really Means Based on the authentic Australian judicial case [2025] NSWSC 1555 (File No 2023/85932), this article disassembles the Court’s judgment process regarding evidence and law. It transforms complex judicial reasoning into clear, understandable key point analyses, helping readers identify the core of the dispute, understand the judgment logic, make more rational litigation choices, and providing case resources for practical research to readers of all backgrounds. Chapter 1: Case Overview and Core Disputes Basic…

  • After commingling trust funds with personal assets, a trustee makes a large payment to his son; how is the termination of the trust and associated liability determined?

    Was a Family Trust Terminated by a $200,000 Payment to the Trustee’s Son? An Analysis of a Decades-Long Dispute Over Commingled Funds Based on the authentic Australian judicial case Tjiong v Chang [2025] NSWCA 25, this article disassembles the Court’s judgment process regarding evidence and law. It transforms complex judicial reasoning into clear, understandable key point analyses, helping readers identify the core of the dispute, understand the judgment logic, make more rational litigation choices, and providing case resources for practical research to readers of all backgrounds. Chapter 1: Case Overview and Core Disputes Basic Information Court of Hearing: Supreme Court…

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