SUCCESSION - intestacy - will subject to grant of probate later found to be forged by executor - administrator of estate seeks repayment of moneys received by beneficiaries under the forged will
TRUSTS - constructive trusts - liability for 'knowing receipt' - discussion of relevant principles - whether second and third defendants had 'knowledge' that will was invalid - availability of defence of change of position
EQUITY - remedies - tracing - subrogation - whether inequitable to charge home of third defendant.
UNJUST ENRICHMENT - moneys had and received to the use of the plaintiff - payments made under mistake - defence of change of position - whether second and third defendants acted to their detriment on the faith of the receipt - broad approach to assessment of change of position and detriment - assess nett advantage or nett disadvantage - defendants entitled to rely on reasonable estimates of expenditure - time from which interest payable.
Case Details
Citation[1999] NSWSC 898
CourtNSWSC
JurisdictionNew South Wales
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