We can help you buy or sell a residential or commercial property anywhere in Australia. Leasing contract services included.
ForumLaw provides legal services and contract work for any type of business transaction from business registration to succession matters.
We'll help make your project a success, from setting up & revising contracts and agreements to tracking sales & leases in multiple-strata unit projects online!
Choose a package that suits your needs. We then maintain constant legal watch of your business.
Take control of your assets today. Contact ForumLaw to arrange a new Will or review any existing arragements in place.
Stay in touch with how the law affects you! Subscribe to our
In the recent case of Fairbairn and Varvaressos, Mr. Varvaressos (George) died in 1961 aged 79 with a will dated in 1960. George was predeceased by his wife but had five children: Stephen, Demetrius, Iris, Kitty and Joan. Demetrius died in 1988 and Iris died in 2002. Kitty was alive but had no children at the time of the proceeding and had never married. Joan was the appellant.
George's will stipulated that Kitty was to have the use and benefit of a house, property, furniture and chattels at Rose Bay in NSW during her life and should the house be sold the proceeds would be held in two equal shares to go to:
The residue of George's estate was left in equal shares to Iris, Kitty, Demetrius and Joan. The issue was what would happen to the house once Kitty died as Demetrius and Iris had both predeceased her and Kitty had no children.
The primary judge held that at Kitty's death, the interests of Demetrius and Iris would form part of their own estates. The Court of Appeal upheld this decision, looking at the will in its entirety to ascertain the probable intention of George at the time of writing the will. The Court noted that the will in its entirety favoured Kitty, Iris and Demetrius, especially considering the house at Rose Bay was the largest asset, and of his 5 children only four were mentioned in the will. Nothing in the will suggested the Demetrius and Iris would only receive their shares should they be alive.