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Key decisions

  • Marlow v Croft [2020] NSWSC 251 
  • Re Islik; Kimmer v Kaynak [2018] VSC 59
  • The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250 
  • Case 662814 concerning Westpac Banking Corporation
  • QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55
  • The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim [2020] NSWSC 322

Home-made administration of home-made will

Thomas Marlow made a homemade will in 2002 with the following: ‘I give the residue of my estate to MY WIFE VIOLET MARLOW AND TO STAY AT [Blacktown property] TILL SHE DIES THE HOUSE OR BELONGINGS NOT TO BE SOLD UNTIL THE DEATH OF MY WIFE VIOLET MARLOW ALSO ALL MONEY IN BANK GOES TO MY WIFE But if he/she/they predecease me then I give the residue of my estate to’ his three children from an earlier marriage. 

Marlow died in 2016 survived by Violet. Shortly after his death Violet went to Queensland for four months. After she returned she had a fall and was injured. She left the Blacktown property and moved in with her niece in Queensland. Probate was granted to the executors who had been Marlow’s neighbours of many years. The executors transferred the Blacktown property to the three children because that is what they understood the deceased wanted. The children entered into a contract for sale of the property. Violet lodged a caveat and brought proceedings for the construction of the will. She argued that the will gave her the Blacktown property whilst the children argued that it conferred a lesser interest which she had abandoned.

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